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ROBERT PICKETT v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (PICKETT UNEMPLOYMENT COMPENSATION CASE.) (01/14/55)

January 14, 1955

ROBERT PICKETT, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (PICKETT UNEMPLOYMENT COMPENSATION CASE.)



Appeal, No. 176, Oct. T., 1954, by claimant, from decision of Unemployment Compensation Board of Review, dated February 18, 1954, decision No. B-36016, in re claim of Robert Pickett. Decision affirmed.

COUNSEL

Robert Pickett, Philadelphia, in pro. per.

William L. Hammond, Special Deputy Attorney General, with him Frank F. Truscott, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Rhodes

[ 177 Pa. Super. Page 241]

OPINION BY RHODES, P.J.,

Claimant was employed by the Pennsylvania Turnpike Commission from June, 1951, until November 13, 1953, when he was laid off due to lack of work. On November 16, 1953, he made application for unemployment compensation benefits. His base year covers the period from July 1, 1952, to June 30, 1953.

The bureau, the referee, and the Board of Review found claimant ineligible to receive unemployment compensation benefits for the reason that he had no earnings during his base year within the meaning of section 401 (a) of the Unemployment Compensation Law, 43 PS § 801 (a), which provides: "Compensation shall be payable to any employe who is or becomes unemployed, and who - (a) Has, within his base year, been paid wages for employment equal to not less than

[ 177 Pa. Super. Page 242]

    thirty (30) times his weekly benefit rate;..." Claimant has filed this appeal from the decision of the Board of Review.

The decision of the Board was further predicated upon the provisions of section 4 (L) of the Unemployment Compensation Law, 43 PS § 753 (L), which states:

"(4) The word 'employment' shall not include -

(6) Service performed in the employ of a state, a political subdivision thereof, or an instrumentality of one or more ...


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