Opinion
Argued October 28, 1976
December 7, 1976.
Argued October 28, 1976, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 691 C.D. 1976, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Raymond L. Bell, No. B-130300.
Determination of fault overpayment by Bureau of Employment Security appealed by claimant to Unemployment Compensation Board of Review. Bureau's determination reversed by Referee. Recoupment ordered by Board on appeal by Bureau. Claimant appealed to the Commonwealth Court of Pennsylvania. Held: Reversed and remanded.
Robert L. Johnson, for appellant.
Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
This decision is controlled by Rozanc v. Unemployment Compensation Board of Review, 27 Pa. Commw. 369, ___ A.2d ___ (1976).
Accordingly, we will enter the following
ORDER
NOW, December 7, 1976, the order of the Unemployment Compensation Board of Review, dated March 9, 1976, ordering recoupment under Section 804(a) of the Unemployment Compensation Law is reversed and the record is remanded for a determination of the fault or nonfault nature of the benefits received by the appellant.