DUBY v. UN. COMP. BD. OF REV.

No. 533 C.D. 1983.

91 Pa.Commw. 525 (1985)

Frank Duby, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

September 10, 1985.


Attorney(s) appearing for the Case

John J. Regule, Regule & Regule, for petitioner.

James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Submitted on briefs November 29, 1984, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.


OPINION BY JUDGE BARRY, September 10, 1985:

This appeal results from an order of the Unemployment Compensation Board of Review (Board) which modified a referee's decision and held that while claimant Frank Duby was ineligible for benefits, the overpayments he had received were only subject to recoupment under the non-fault provisions of Section 804(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended...

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