Ficek v. Commonwealth, Unemployment Compensation Board of Review
Ficek v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
• Zbigniew Ficek (Claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board), which found that Claimant had received a $2,617.00 overpayment in Trade Readjustment Allowance (TRA) benefits which are reooupable in accordance with Section 91.58(b) of the TRA Regulations
The overpayments were made as a result of a computation error by the Office of Employment Security. Section 804(b) of the Law provides that any person who receives, through no fault of his own, benefits to which he is not entitled under the law, shall not be liable to repay such sum but shall be liable to have such sum deducted from any future compensation payable to him with respect to such benefit year, or the three year period immediately following such benefit year. Claimant contends that under §2315, which was amended by §2509 of the Omnibus Budget Eeconciliation Act of 1981,
If the statutory language is unambiguous, in the absence of a clearly expressed legislative intent to the contrary, that language must be regarded as eonclu-
Accordingly, we affirm.
Order
And Now, October 1, 1984, the order of the Unemployment Compensation Board of Review, dated July 2,1982, decision No. B-207482, is hereby affirmed.
29 C.F.R. §91.58(b) (1983).
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §874 (b).
19 U.S.C. §§2101-2487 (1974).
Pub. L. No. 97-35, §2509, 95 Stat. 357, 887, (Amending 19 U.S.C. §2316 (1974)) (1981).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.