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 2 1 , 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 i s 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 employe e who is unempl o yed 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. (UCB R’s Findings of Fact, No. 2.) During his base year, Claimant earned

$3 0 ,165.27 2 in 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.) Cla i mant had a high

- earnings quarter of $34,667.56 and total b ase

- 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 app e aled to the referee, who

held a telephone hearing and

, thereafter

, affi r m e d 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 high est 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 i s

2 F inding of F act Number 3 lists this figure as $3 3 ,165.27

. The UCBR asserts, however, that

th e 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

$3 0 ,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), $3,444.7 2 (fourth quarter of 2013), and $0 (first quarter of 2014) is

$68,277.55 . Thus, it is evident that Finding of Fact N umber 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 n ow appeals

f r o m 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 burd en 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 b efore the UCBR, Claimant

asserted that his paycheck for the week of June 24 to J une 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 computatio n. This claim is

belied by the record.

3 Our review is limite d 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 establishe d 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 ; s upra n.2 .) Claimant’s earnings from th e 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, i t is undisputed that Claimant’s base

year wages totaled $68,277.55. 4 Forty

- nine and one

- half percent of C laimant’s total

base

- year wages is $33,797.39. I n 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 i n the remaining

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

the UCBR correctly concluded that Claimant i s ineligible for UC benefits under

section 401(a) of the Law.

Accordingly, we affirm.

___________________________________ ROCHELLE S. FRIEDMAN, Senior Judge

4 In his b rief, Claimant a rgues 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, t hese 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 , 201 5

, we hereby affirm the

January 2 1 , 2015, order of the Unemployment Compensation Board of Review.

___________________________________ ROCHELLE S. FRIEDMAN, Senior Judge