Bryner v. Unemployment Compensation Board of Review
Court: Commonwealth Court of Pennsylvania; March 26, 1997; Pennsylvania; State Appellate Court
Three consolidated appeals were filed by Claimants Thomas Bryner, Roy A. Dougherty, and Michael Prozzoly, who were denied unemployment compensation benefits due to insufficient wages during their base year, as they were receiving workers’ compensation. The Unemployment Compensation Board of Review affirmed the referees’ decisions. Claimants argued that the 1993 amendment (Act 44) to Section 204 of the Workers’ Compensation Act allows them to count workers’ compensation benefits as wages for unemployment compensation eligibility.
To qualify for unemployment benefits under Section 404(c) of the Unemployment Compensation Law, claimants must meet specific wage and credit week requirements. Act 44 introduced subsection (b) to Section 204, stating that weekly workers’ compensation benefits shall count as a credit week for unemployment eligibility. Claimants contended that since both 'credit weeks' and 'wages' are defined as 'remuneration for services' in the Unemployment Compensation Law, the amendment intended to allow workers’ compensation to be included as wages.
However, the court found that the terms 'credit week' and 'wages' are clearly defined and that the legislative intent did not include workers’ compensation as wages. Since the new provision only addressed credit weeks and not wages, the Claimants did not meet the required criteria for unemployment compensation. Consequently, the Board's decisions were affirmed, denying the appeals of the Claimants.
Thomas Bryner was employed at Coming, Inc. until June 11, 1992, when he suffered a work-related injury, resulting in weekly workers’ compensation benefits of $455. He applied for unemployment compensation benefits on March 26, 1995, using a base year that included the last quarter of 1993 and the first three quarters of 1994. His reported earnings for 1994 were $677 in the first quarter and $1,847 in the second quarter. Bryner had received workers’ compensation during part of his base year. The Board upheld the referee's denial of his unemployment benefits on August 18, 1995.
Roy A. Dougherty, employed by Held's Construction until July 13, 1993, also sustained a disabling work-related injury and received $237 per week in workers’ compensation from July 27, 1993, to October 24, 1994. He filed for unemployment compensation on March 19, 1995, with a base year from October 1, 1993, to September 30, 1994, and reported only $26 in earnings during the third quarter of 1994. The Board confirmed the referee's denial of his benefits on August 18, 1995.
Michael Prozzoly worked for Hem-scheidt Corporation until January 25, 1993, when he incurred a work-related injury, receiving $374.38 per week in compensation. He applied for unemployment benefits on April 30, 1995, with a base year of January 1, 1994, to December 31, 1994, and reported no earnings outside his compensation payments. The Board affirmed the referee's denial of Prozzoly's benefits on August 31, 1995.
The scope of review for these cases is limited to assessing constitutional rights, legal errors, and whether the findings are supported by substantial evidence, as outlined in Section 704 of the Administrative Agency Code. The Unemployment Compensation Law defines 'credit week' as any week in an individual's base year with remuneration of at least $50, with 'employment' encompassing all personal service for remuneration under any contract, and 'wages' as all remuneration from an employer to an employee, subject to specific exceptions.
