Schmoll v. Unemployment Compensation Board of Review
Schmoll v. Unemployment Compensation Board of Review
Opinion of the Court
Glenn W. Schmoll appeals from the order of the Unemployment Compensation Board of Review denying extended benefits pursuant to the Unemployment Compensation Law (Law).
Glenn W. Schmoll (Claimant) filed an application for unemployment compensation benefits with an effective date of September 30, 1990. Because of that effective date, the base year was the second, third and fourth quarters of 1989, and the first quarter of 1990 was used to determine financial eligibility. The Bureau issued a Notice of Financial Determination (Notice) finding that Claimant earned sufficient funds to receive unemployment compensation benefits. The Notice stated: “Our records show that during your [Claimant’s] base year, wages were reported by the following employer(s): ...” It then went on to list wages from various employers quarter by quarter. It listed base year wages as $16,195, and for the third quarter of 1989, the quarter in question, as $10,963.
The sole issue presented on appeal is whether the Board erred in disallowing the claim for extended benefits because Claimant failed to appeal wage information contained in the Notice. Our scope of review on appeal where the party with the burden of proof is the only party to present evidence and does not prevail is whether the Board committed an error of law or capriciously disregarded competent evidence. Kirkwood v. Unemployment Compensation Board of Review, 106 Pa.Commonwealth Ct. 92, 525 A.2d 841 (1987).
The Board argues that for Claimant to challenge his wage determination made in the original Notice at the hearing for extended unemployment compensation benefits constitutes
Accordingly, the order of the Board is vacated and the case is remanded to determine whether Claimant is entitled to emergency unemployment compensation benefits.
ORDER
AND NOW, this 15th day of March, 1993, the order of the Unemployment Compensation Board of Review dated March 31,1992, No. B-297590, is vacated and the case is remanded to determine whether Claimant is entitled to emergency unemployment compensation benefits.
Jurisdiction is relinquished.
. Act of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. §§ 811-818.
. This opinion was reassigned to the authoring judge on January 11, 1993.
. For the year in question, quarter by quarter, Claimant earned:
2nd Quarter 1989 $ 0
3rd Quarter 1989 10,963
4th Quarter 1989 4,072
1st Quarter 1990 1,159
Total Base Year Wages $16,195
. In order to qualify for the maximum benefits of $280 a week, an applicant was required to have a high quarter of at least $6,983. See 43 P.S. § 804 or Section 404(a)(1) of the Unemployment Compensation Law effective January 1, 1989. Claimant did not challenge the incorrect third quarter figure of $10,963, because he was at the maximum
. Section 509, titled Finality of Decisions, provides that:
[A]ny decision made by the department or any referee or the board shall not be subject to collateral attack as to any application claim ... unless appealed from.
Subject to appeal proceedings and judicial review, any right, fact or matter in issue which was directly passed upon or necessarily involved in any decision of a referee or the board or the court and which has become final shall be conclusive for all purposes of this act and shall not be subject to collateral attack as among all affected parties who had notice of such decision----
Dissenting Opinion
dissenting.
I respectfully dissent. The claimant’s appeal constitutes an impermissible collateral attack by operation of Section 509 of
[a]ny decision made by the department or any referee or the board shall not be subject to collateral attack as to any application claim or claims covered thereby ... unless appealed from.
The claimant filed for unemployment compensation benefits on September 30, 1990. The Bureau of Unemployment Compensation Benefits and Allowances (Bureau) issued a Notice of Financial Determination (UC Notice) granting benefits based on the claimant’s wages for the base year April 1989 through March 1990. The claimant did not appeal from the UC Notice.
The claimant subsequently applied for extended benefits. The Bureau issued a Notice of Financial Determination (EUC Notice)
The UC Notice, captioned “NOTICE OF FINANCIAL DETERMINATION,” contains the prefatory statement, “This financial determination notifies you that you will be financially eligible for benefits only if....” It further elaborates that a claimant “will be eligible for benefits as determined by the wages you were paid and the credit weeks you earned during your base year.” The limited language cited by the majority as dispositive is immediately followed by the language “based on a comparison of your highest quarter wages and your total base-year wages” and the statements, “Your highest quarter ... was the 3RD quarter of 1989 when you were paid wages of $10,963. Your total base-year wages were $16,195.” I conclude, upon review of the entire UC Notice, that the determination subject to appeal embraces the highest quarterly wage, the base year wages, the weekly benefit rate, and the benefit weeks, and is not confined to the weekly benefit rate.
The claimant testified that he did not verify the underlying wage information in the UC Notice because he was receiving the maximum benefits allowable. His mere satisfaction with the benefits award does not relieve him of the responsibility to verify the accuracy of the information. Because he did not challenge the determination based thereon by timely appeal, he is precluded from doing so collaterally in this proceeding by operation of Section 509.
Accordingly, I would affirm the order of the Unemployment Compensation Board of Review.
. Act of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. § 829.
. Although the Law, the referee, and the Board refer to these benefits as "extended benefits,” the Bureau uses the term “emergency unemployment benefits (EUC).”
. 43 P.S. § 813(i).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.