IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jesse Snak, : Petitioner : : v. : No. 1034 C.D. 2021 : Submitted: June 10, 2022 Unemployment Compensation : Board of Review, : Respondent : BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE STACY WALLACE, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE WALLACE FILED: August 5, 2022 Jesse Snak (Claimant) petitions for review of the August 26, 2021 order of the Unemployment Compensation Board of Review (Board) that affirmed the decision of the referee and denied Claimant unemployment compensation (UC) benefits for the week ending February 6, 2021, pursuant to Section 401(c) of the Unemployment Compensation Law (Law),1 under the second of his two UC benefit applications. In addition, the Board found that Claimant received a non-fault overpayment of $11, which was subject to recoupment. After careful review, we affirm. 1 Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 801(c). I. Background and Procedural History Our review of the certified record reveals that the Scranton UC Service Center (Service Center) issued notices of determination to Claimant on March 5, 2021. The notices indicated that Claimant had filed an application for UC benefits, and that the Service Center deemed Claimant eligible for benefits with a benefit year of February 16, 2020, through February 13, 2021. Claimant’s weekly benefit rate was $572. The notices indicated that Claimant later filed an additional application for UC benefits, and that the Service Center deemed Claimant eligible with a benefit year of February 14, 2021, through February 12, 2022. Claimant’s new weekly benefit rate was $583. Importantly, the notices of determination explained that a “system error” had caused the Department of Labor and Industry (Department) to pay Claimant’s UC benefits for the week ending February 6, 2021, under the second of his UC benefit applications summarized above. Certified Record (C.R.), Item No. 2, Notices of Determination, 3/5/21. The notices stated, in relevant part, that Claimant erroneously received UC benefits “to which he/she was not entitled on the UC [application] with an effective date of 2/14/2021 . . . . The week[] ending 02/06/2021 . . . should have been applied to the initial [application] with an effective date of 02/16/2020.” Id. (underlining omitted). The notices indicated that Claimant received a non-fault overpayment of $11 due to this error. Claimant appealed to a UC referee who held a telephone hearing on April 28, 2021, in which Claimant participated pro se and was the sole witness to testify. The referee issued a decision on May 5, 2020. Like the Service Center, the referee found that Claimant had filed an application for UC benefits with an effective date of February 16, 2020, and that Claimant’s “benefit year [was] valid from February 16, 2020 - February 13, 2021.” C.R., Item No. 8, Referee’s Decision/Order, 5/5/21. The 2 referee found that Claimant then filed a second application for UC benefits with an effective date of February 14, 2021, and a benefit …
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