IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Denny S. Youst, :

: No. 530 C.D. 2015

Petitioner : Submitted: August 21, 2015

:

v. :

:

Unemployment Compensation :

Board of Review, :

:

Respondent :

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge

HONORABLE P. KEVIN BROBSON, Judge

HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION 

BY SENIOR JUDGE FRIEDMAN FILED: November 2, 2015

Denny S. Youst (Claimant) petitions for review of the January 21, 2015, 

order of the Unemployment Compensation Board of Review (UCBR) affirming the 

decision of a referee to deny Claimant unemployment compensation (UC) benefits. 

The UCBR concluded that Claimant is financially ineligible for UC benefits under 

section 401(a) of the Unemployment Compensation Law (Law).

1

 We affirm.

 

1 Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. 

§801(a). Section 401(a) of the Law provides that compensation shall be payable to an employee 

who is unemployed and who has been paid wages for employment within his or her base year, 

provided that “not less than forty-nine and one-half per centum (49.5%) of the employe’s total 

base[-]year wages have been paid in one or more quarters, other than the highest quarter in such 

employe’s base year.” 43 P.S. §801(a).
2

Claimant filed an application for UC benefits with an effective date of 

September 28, 2014, thereby establishing a base year of April 2013 through March 

2014. (UCBR’s Findings of Fact, No. 2.) During his base year, Claimant earned 

$30,165.272in the second quarter of 2013, $34,667.56 in the third quarter of 2013, 

$3,444.72 in the fourth quarter of 2013, and $0 in the first quarter of 2014. (Id., No. 

3.) Claimant had a high-earnings quarter of $34,667.56 and total base-year wages of 

$68,277.55. (Id., No. 4.)

The local service center denied Claimant’s application, finding that he 

was financially ineligible for UC benefits. Claimant appealed to the referee, who 

held a telephone hearing and, thereafter, affirmed the service center’s decision.

Claimant appealed to the UCBR, which affirmed. The UCBR found that 

49.5% of Claimant’s total base-year wages equaled $33,797.39. Thus, in order to be 

financially eligible for UC benefits, Claimant must have earned at least that amount 

in his base year, excluding the third quarter of 2013, which was his highest quarter. 

Claimant’s earnings in the remaining three quarters totaled $33,609.99, which was 

less than the required amount. Therefore, the UCBR concluded that Claimant is 

 

2

Finding of Fact Number 3 lists this figure as $33,165.27. The UCBR asserts, however, that 

the second digit within that figure is a typographical error, as the documentary evidence included in 

the record demonstrates that the wage total for Claimant’s second quarter of 2013 is actually 

$30,165.27. (See R. Item No. 5.) It is undisputed that Claimant’s base-year wages totaled

$68,277.55. (See Cl.’s Br. at 10.) The sum of $30,165.27 (second quarter of 2013), $34,667.56 

(third quarter of 2013), $3,444.72 (fourth quarter of 2013), and $0 (first quarter of 2014) is 

$68,277.55. Thus, it is evident that Finding of Fact Number 3 contains a typographical error and 

that the correct wage total for the second quarter of 2013 is $30,165.27.
3

ineligible for UC benefits under section 401(a) of the Law. Claimant now appeals 

from that decision.3

On appeal, Claimant asserts that the UCBR’s conclusion that he was 

financially ineligible for UC benefits is unsupported by substantial evidence. 

Specifically, Claimant contends that the UCBR erred in failing to subtract $2,632.16

in wages from the third quarter of 2013, resulting in an incorrect computation. We 

disagree.

Claimant has the burden of proving his financial eligibility for UC 

benefits. See Devine v. Unemployment Compensation Board of Review, 101 A.3d 

1235, 1237 (Pa. Cmwlth. 2014). In the proceedings before the UCBR, Claimant 

asserted that his paycheck for the week of June 24 to June 30, 2013, should have been 

included in the second quarter of 2013. The UCBR agreed with Claimant and 

included that paycheck, with wages totaling $2,632.16, in the second quarter of 2013. 

(UCBR’s Op. at 2; UCBR’s Findings of Fact, No. 3.) Claimant now argues that 

although the UCBR correctly included the June 24 to June 30, 2013, paycheck in the

second quarter of 2013, the UCBR failed to deduct the wages from that paycheck 

from the third quarter of 2013, resulting in an improper computation. This claim is 

belied by the record. 

 

3 Our review is limited to determining whether constitutional rights were violated, whether 

an error of law was committed, or whether the necessary findings of fact are supported by 

substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa. C.S. §704.
4

The evidence established that Claimant’s earnings for the second quarter 

of 2013, including the June 24 to June 30, 2013, paycheck, totaled $30,165.27. (See 

R. Item No. 5; supra n.2.) Claimant’s earnings from the third quarter of 2013, 

excluding the June 24 to June 30, 2013, paycheck, totaled $34,667.56. (See id; 

UCBR’s Findings of Fact, No. 3.) Moreover, it is undisputed that Claimant’s baseyear wages totaled $68,277.55.4

 Forty-nine and one-half percent of Claimant’s total 

base-year wages is $33,797.39. In order to be financially eligible for UC benefits, 

Claimant must have earned at least that amount in his base year, excluding the third 

quarter of 2013, which was his highest quarter. Claimant’s earnings in the remaining 

three quarters totaled $33,609.99, which is less than the required amount. Therefore, 

the UCBR correctly concluded that Claimant is ineligible for UC benefits under 

section 401(a) of the Law.

Accordingly, we affirm.

___________________________________

ROCHELLE S. FRIEDMAN, Senior Judge

 

4

In his brief, Claimant argues that his base-year earnings should have been calculated as 

follows: $32,760.07 in the second quarter of 2013, $32,035.40 in the third quarter of 2013, 

$3,444.72 in the fourth quarter of 2013, and $0 in the first quarter of 2014. (Cl.’s Br. at 10-11.) 

However, these figures total $68,240.19, not $68,277.55. 
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Denny S. Youst, :

: No. 530 C.D. 2015

Petitioner : 

:

v. :

:

Unemployment Compensation :

Board of Review, :

:

Respondent :

O R D E R

AND NOW, this 2

nd day of November, 2015, we hereby affirm the 

January 21, 2015, order of the Unemployment Compensation Board of Review.

___________________________________

ROCHELLE S. FRIEDMAN, Senior Judge