Holmes v. UCBR – Cmwlth. Court
– May 23, 2017 – unreported* memorandum decision
The Court reaffirmed its recent
decision in Fugh v. UCBR, 153 A.3d 1169, 1176 (Pa. Cmwlth. 2017), holding that
in order for an overpayment to be a fault OP, the claimant must have had a
wrongful state of mind, about which the UCBR must make a specific finding.
The Fugh court held that
finding that a “blameworthy act requires a showing of the actor’s state of
mind, or mens rea” and “embodies … knowing recklessness or gross negligence.”
We reasoned that a finding of fault “requires conduct ‘of such a degree or
recurrence as to manifest culpability, wrongful intent, or evil design, or show
an intentional and substantial disregard of the employer’s interest or of the
employee’s duties and obligations to the employer.’” Id. (citing Reading Area
Water Authority v. UCBR, 137 A.3d 658, 662 (Pa. Cmwlth. 2016)). Further, “[a]
negligent act alone does not constitute willful misconduct; rather, the conduct
must be of ‘an intentional and deliberate nature.’” Id. (citing Grieb v. UCBR,
827 A.2d 422, 426 (Pa. 2003)).
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*An unreported Commonwealth
Court case may not be cited binding precedent but can be cited for its
persuasive value. See 210 Pa.
Code § 69.414(b) and Pa. R.A.P.
3716
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