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ANTINOPOULAS UNEMPLOYMENT COMPENSATION CASE. AMBRIDGE SAVINGS AND LOAN ASSOCIATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (07/17/56)

July 17, 1956

ANTINOPOULAS UNEMPLOYMENT COMPENSATION CASE. AMBRIDGE SAVINGS AND LOAN ASSOCIATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 104, April T., 1956, from decision of Unemployment Compensation Board of Review, dated January 20, 1956, No. B-40979, in re claim of Georgia Antinopoulas. Record remanded.

COUNSEL

Ralph E. Smith, with him Rowley & Smith, for appellant.

Sydney Reuben, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for appellee.

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

Author: Woodside

[ 181 Pa. Super. Page 517]

OPINION BY WOODSIDE, J.

Georgia Antinopoulas, the claimant herein, was declared eligible for unemployment compensation benefits by the Bureau, the Referee and the Board of Review. Appellant, Ambridge Savings & Loan Association, the claimant's last employer, contends that she should be disqualified under the provisions of Section 402(b) of the Unemployment Compensation Law of December 5, 1936, P.L. 2897 (1937), as amended by the Act of March 30, 1955, P.L. 6, 43 P.S. ยง 802(b), which provides that a claimant shall be ineligible for unemployment

[ 181 Pa. Super. Page 518]

    compensation benefits during any week in which his unemployment is due to his voluntarily leaving work "without cause of a necessitous or compelling nature".

The claimant was employed by appellant as a general office clerk until June 8, 1955 when she was hospitalized for ten days. She notified her employer of her hospitalization. She also telephoned to him when she returned home from the hospital. Thereafter her employer contacted her on two different occasions.

On September 1, 1955 claimant was told by her physician that she could return to work, and a few days later she asked her employer whether any work was available. When she was advised that another person had been employed in her place, and that no work was available, she filed the claims for unemployment benefits which are now before us.

The Unemployment Compensation Law is not and never was intended to be health insurance legislation. Its benefits go only to persons able to work and available for work. It does not provide benefits for an ill employe during the period of his illness. Miller Unemployment Compensation Case, 158 Pa. Superior Ct. 570, 572, 45 A.2d 908 (1946).

When an employe becomes ill and is unable for that reason to continue his employment it becomes his duty to give his employer timely notice of his illness and to seek a leave of absence or otherwise manifest his intention not to abandon the labor force. Flannick Unemployment Compensation Case, 168 Pa. Superior Ct. 606, 610, 82 A.2d 671 (1951).

The burden is upon the employe to keep alive the employer-employe relationship after the expiration of a reasonable time for the temporary absence. Vernon Unemployment Compensation Case, 164 Pa. ...


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