G. Magaro v. UCBR ( 2018 )


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  •          IN THE COMMONWEALTH COURT OF PENNSYLVANIA
    Gino V. Magaro,                                 :
    :
    Petitioner                 :
    :
    v.                                : No. 802 C.D. 2017
    : Submitted: December 15, 2017
    Unemployment Compensation                       :
    Board of Review,                                :
    :
    Respondent                 :
    BEFORE:       HONORABLE ROBERT SIMPSON, Judge
    HONORABLE ANNE E. COVEY, Judge
    HONORABLE JAMES GARDNER COLINS, Senior Judge
    OPINION NOT REPORTED
    MEMORANDUM OPINION BY
    SENIOR JUDGE COLINS                                           FILED: January 10, 2018
    Gino V. Magaro (Claimant), pro se, petitions for review of the June 1,
    2017 order of the Unemployment Compensation Board of Review (Board) affirming
    the April 25, 2017 decision and order of the Referee. The Referee concluded in the
    April 25, 2017 decision that Claimant had not made a valid application for
    unemployment benefits pursuant to Sections 401(c) and 4(w)(2) of the
    Unemployment Compensation Law1 (Law). We affirm.
    1
    Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §§ 801(c)
    and 753(w)(2). Section 401(c) of the Law provides that “Compensation shall be payable to any
    employe who is or becomes unemployed, and who--…(c) Has made a valid application for benefits
    with respect to the benefit year for which compensation is claimed and has made a claim for
    compensation in the proper manner and on the form prescribed by the department.” 43 P.S. §§
    801(c). Section 4(w)(2) of the Law provides that:
    An application for benefits filed after the termination of a preceding
    benefit year by an individual shall not be considered a Valid
    Application for Benefits within the meaning of this subsection,
    unless such individual has, subsequent to the beginning of such
    preceding benefit year and prior to the filing of such application,
    On March 20, 2016, Claimant was found eligible for weekly
    unemployment compensation benefits of $542.                  (R. Item 2, Initial Benefit
    Determination.)        Upon expiration of the fifty-two week period constituting a
    claimant’s benefit year, Claimant reapplied for benefits effective March 19, 2017
    and, on March 22, 2017, the Department of Labor and Industry denied benefits
    pursuant to Section 4(w)(2) of the Law, 43 P.S. § 753(w)(2).                        (R. Item 3,
    Determination of Department of Labor and Industry.) Claimant appealed to the
    Referee and the Referee affirmed, modifying the determination to state that Claimant
    was also ineligible pursuant to Section 401(c) of the Law, 43 P.S. § 801(c). Claimant
    appealed to the Board.
    The Board affirmed the Referee’s decision and order. In addition to
    affirming the Referee’s decision, the Board adopted and incorporated the Referee’s
    findings of fact. Those findings are as follows:
    1. The Claimant filed an Application for Unemployment
    Compensation Benefits effective March 19, 2017, which
    established a Weekly Benefit Rate in the amount of $561.
    2. The Claimant was last employed by Value City
    Furniture as a Warehouse Manager from October 13, 1999
    through March 16, 2016, when he was separated due to
    health issues.
    3. The Claimant filed an Application for Benefits with an
    effective date of March 20, 2016, which established a
    Weekly Benefit Rate in the amount of $542.
    worked and earned wages in “employment” as defined in this act in
    an amount equal to or in excess of six (6) times his weekly benefit
    rate in effect during such preceding benefit year.
    43 P.S. § 753(w)(2).
    2
    4. The Claimant did not have any employment between the
    March 20, 2016 Unemployment Application and the
    March 19, 2017 Unemployment Application.
    (Referee Decision, Findings of Fact (F.F.) ¶¶1-4.) Claimant appealed to this Court
    for review.2
    Claimant argues that when he first applied for benefits his eligibility
    was based upon earnings from the fourth quarter of 2014 and the first three quarters
    of 2015, but that his earnings from the fourth quarter of 2015 and the first quarter of
    2016 were not counted as a part of his Financial Determination for his first
    application for unemployment benefits. Therefore, Claimant contends that he should
    receive credit for his earnings during the fourth quarter of 2015 and the first quarter
    of 2016 in the form of renewed unemployment benefits.
    The Board argues that Claimant has waived this argument by failing to
    make it below, where he instead argued that he has been under the care of a doctor
    and unemployed for reasons beyond his control. In addressing Claimant’s argument
    nonetheless, the Board argues that Claimant’s earnings during the fourth quarter of
    2015 and the first quarter of 2016 are irrelevant because the Law requires Claimant
    to have earned six times his weekly benefit rate of $542 from work between March
    20, 2016 and March 19, 2017 in order to receive additional unemployment benefits.
    Under the Law, unemployment benefits shall be payable to an
    unemployed claimant who has within his base year been paid wages for
    employment. Section 401(a) of the Law, 43 P.S. § 801(a). The Law defines a “base
    year” as “the first four of the last five completed calendar quarters immediately
    2
    In unemployment compensation appeals, this Court’s scope of review is limited to determining
    whether constitutional rights were violated, whether an error of law was committed, and whether
    necessary findings of facts are supported by substantial evidence. Section 704 of the
    Administrative Agency Law, 2 Pa. C.S. § 704; Maskerines v. Unemployment Compensation Board
    of Review, 
    13 A.2d 553
    , 555 n.3 (Pa. Cmwlth. 2011).
    3
    preceding the first day of an individual’s benefit year.” Section 4(a) of the Law, 43
    P.S. § 753(a). The Law defines a “benefit year” as:
    The fifty-two consecutive week period beginning with the
    day as of which such “Valid Application for Benefits” is
    filed, and thereafter the fifty-two consecutive week period
    beginning with the day as of which such individual next
    files a “Valid Application for Benefits” after the
    termination of his last preceding benefit year.
    43 P.S. § 753(b). There is no dispute that in the year proceeding Claimant’s March
    19, 2017 application for unemployment benefits, he did not receive wages for
    employment. Compare Hargenrader v. Unemployment Compensation Board of
    Review, 
    513 A.2d 1135
    , 1137 (Pa. Cmnwlth. 1986) (payments received under a
    supplemental unemployment compensation plan are not included as “wages” when
    determining the claimant’s entitlement to extended unemployment compensation
    benefits). As a result, the Department is correct that even if we conclude that
    Claimant did not waive his argument, Claimant cannot prevail on appeal. Miller v.
    Unemployment Compensation Board of Review, 
    636 A.2d 282
    , 283 (Pa. Cmwlth.
    1993); Joyce v. Unemployment Compensation Board of Review, 
    548 A.2d 387
    , 388
    (Pa. Cmwlth. 1988).
    Accordingly, we affirm the order of the Board.
    __________ ___________________________
    JAMES GARDNER COLINS, Senior Judge
    4
    IN THE COMMONWEALTH COURT OF PENNSYLVANIA
    Gino V. Magaro,                   :
    :
    Petitioner      :
    :
    v.                     : No. 802 C.D. 2017
    :
    Unemployment Compensation         :
    Board of Review,                  :
    :
    Respondent      :
    ORDER
    AND NOW this 10th day of January, 2018, the order of the
    Unemployment Compensation Review Board in the above-captioned matter is
    AFFIRMED.
    __________ ___________________________
    JAMES GARDNER COLINS, Senior Judge
    

Document Info

Docket Number: 802 C.D. 2017

Judges: Colins, Senior Judge

Filed Date: 1/10/2018

Precedential Status: Precedential

Modified Date: 1/10/2018