Naborn v. Unemp. Comp. Bd. of Rev.

In Naborn v. Unemp. Comp. Bd. of Rev., the Commonwealth Court affirmed the Board of Review’s order that, in turn, affirmed the Referee’s order denying the claimant’s request to backdate his unemployment compensation under 43 P.S. § 801(c). The claimant had filed a prior unemployment claim within the previous year, but he filed a second claim when he again was unemployed. Whether by ignorance or mistake, he did not realize that the Unemployment Compensation Handbook instructed claimants to relate new requests back to any prior claims made within the prior 52 weeks. Since the claimant here failed to link his newest request to his earlier application, he needed to request his compensation be backdated. But Section 801(c) contains the scenarios where backdated is permitted, and the claimant’s mistake was not one of the enumerated reasons. Thus, the order was affirmed. 

Robert-A.-Naborn