Stock
v. UCBR – Cmwlth. Court – April 8, 2016
UCBR
found that claimant made an “honest mistake” in failing to report part-time (PT)
earnings over a period during which he received UC benefits. Board also found that claimant “did not
knowingly or intentionally” give false information or withhold information in
order to obtain benefits, and that there was no fraud involved.
Under
those circumstances, the Board erred in making a finding of “total
ineligibility” and requiring claimant to reimburse the Dept. for all of the
benefits that he had received. Rather, claimant
should be permitted to settle the overpayment by reimbursing the difference
between the amount that he received and the amount that he should have received
had his part-time wages been properly reported.
The
Board erred in disqualifying him as to all benefits that he received
while employed part-time. Instead, the Board should have calculated the
non-fraud overpayment by first
- determining the amount of benefits
that Claimant would have received had he properly reported his PT earnings, and
then
- subtracting that amount from the
amount Claimant actually received.
The
difference between these sums would equal the amount of the non-fraud
overpayment.
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