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DANIELS v. UNEMPL. COMP. BD. of REV.

Appeal, No. 1293 C.D. 1972.

10 Pa.Commw. 241 (1973)

Augustus Daniels, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee.

Commonwealth Court of Pennsylvania.

October 3, 1973.

Attorney(s) appearing for the Case

Eugene F. Zenobi, with him Alan N. Linder, J. Richard Gray and James Breslauer, for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Argued September 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, October 3, 1973:

We are here confronted with the question of whether a recoupment of certain unemployment compensation benefits, allegedly erroneously paid to Augustus Daniels (claimant) by reason of his fault, can be achieved by deducting a sum equal to the amount of overpayment from future compensation payable and due the claimant, without his being afforded an evidentiary hearing on the question of fault, comporting with due process requirements...

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