DEPT. OF LABOR & IND. v. UN. COMP. BD. OF REV.

No. 2162 C.D. 1977.

41 Pa.Commw. 104 (1979)

Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Employment Security, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

March 7, 1979.


Attorney(s) appearing for the Case

Robert E. Chernicoff, Assistant Attorney General, for petitioner.

Daniel R. Schuckers, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

Argued February 8, 1979, before Judges WILKINSON, JR., MENCER and CRAIG, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, JR., March 7, 1979:

This is a case of first impression involving a very narrow issue. Does Section 804(b) of the Pennsylvania Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 874(b), which deals with the problem of non-fault overpayments, require that recoupment of these overpayments be restricted to a maximum of one-third of a claimant's benefits (benefits...

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