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FENSTERSHEIB UNEMPLOYMENT COMPENSATION CASE. (07/17/56)

July 17, 1956

FENSTERSHEIB UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 27, April T., 1956, by claimant, from decision of Unemployment Compensation Board of Review, dated October 25, 1955, No. B-40235, in re claim of Morris I. Fenstersheib. Decision affirmed.

COUNSEL

Morris I. Fenstersheib, appellant, in propria persona, submitted a brief.

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 290]

OPINION BY WOODSIDE, J.

This is an unemployment compensation case wherein the claimant was denied benefits by the bureau, the referee and the Board of Review.

The claimant worked for the United States Post Office in Pittsburgh, for approximately two weeks, his last day of work being December 27, 1954. In this employment he earned approximately $148. Although this was claimant's "last work", his eligibility for benefits cannot be determined by his separation from this employment because of the provisions of Section 401(f) added to the Unemployment Compensation Law by the Act of September 29, 1951, P.L. 1580, § 13, as amended, 43 PS § 801, which provides as follows:

"Section 401. Qualifications Required to Secure Compensation. - Compensation shall be payable to any employe who is or becomes unemployed, and who -

... (f) Has, subsequent to his voluntarily leaving work without good cause or to his discharge or suspension from work for willful misconduct connected with his work, been paid remuneration for services in an amount equal to or in excess of eight (8) times his

[ 181 Pa. Super. Page 291]

    weekly benefit rate, irrespective of whether or not such services were in 'employment' as defined in this act. The provisions of this subsection shall not apply to a suspension of work by an individual pursuant to a leave of absence granted by his last employer, provided such individual has made a reasonable effort to return to work with such employer upon the expiration of his leave of absence."

Claimant on the basis of his prior employment record had established a weekly benefit rate of $30. Eight times this weekly benefit rate is $240, which is an amount in excess of his actual earnings in his job with the Post Office Department. Thus, inasmuch as the claimant's last work could not serve to "purge" him of any previous ineligibility, we must of ...


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