Narducci v. UCBR – Cmwlth. Court – 4-14-18 – reported, for publication - 3-judge panel
Held:
Department had jurisdiction to re-open a case ten (10) months after it
had awarded claimant UC benefits, to reverse its initial determination, and to
impose a fault overpayment. Employer got notice of initial application for
benefits, but did not challenge the claim in any way at that time. Instead, more than 15 days after receiving
the notice, the employer requested relief from charges, based on allegations
that on their face would constitute willful misconduct. Claimant had told the UCSC that he was out of
work because of lack of work and was granted benefits because his application
was facially valid. After the
Department heard from the employer, it issued a revised determination, holding
that claimant was ineligible because of willful misconduct and imposing a fault
overpayment. Claimant challenged the
revised determination as being beyond the applicable time limits and thus
outside of the jurisdiction of the Department.
The Court rejected that argument, holding gthat “because the Department
does not have a specific time limit during which it must issues notices of
determination, it....had jurisdiction to
issue” a revised determination in this case.”
The Court discussed the applicable law
in considerable detail and summarized it as follows:
[U]nder
Section 501 [43 P.S. sec. 821] of the Law, when a claim is filed, the following
is to occur:
· Employer is to receive notice that a claim is filed, and if it opposes
the grant of benefits, employer should provide information within 15 days as to
why benefits should not be granted.
· If an employer does not provide information within 15 days giving
reasons why the claim should not be granted, the following is to occur:
· If the claim is facially valid, then benefits
can be granted without a notice of determination being issued;
· If
the claim is not facially valid and denied, then a notice of determination is
issued from which a claimant can take an appeal.
· No notice of any determination is required to be given to an employer
who has not provided information that the claimant is ineligible.
· If an employer files information after 15 days that claimant should be
declared ineligible for benefits, then the employer is entitled to a notice of
determination regarding its challenge to claimant’s unemployment eligibility.
· The Department has no time limit to make a revision to an eligibility
determination based on employer’s information that a claimant is not eligible
for UC benefits.
