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AULT UNEMPLOYMENT COMPENSATION CASE. (12/11/58)

December 11, 1958

AULT UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 57, March T., 1958, by claimant, from decision of Unemployment Compensation Board of Review, No. B-45692, in re claim of Paul E. Ault. Decision affirmed.

COUNSEL

John P. Campana, for claimant, appellant.

Sydney Reuben, Assistant Attorney General, and Thomas D. McBride, Attorney General, with them Harry J. Rubin, Deputy Attorney General, for appellee.

William H. Wood, with him Leon D. Metzger, and Hull, Leiby and Metzger, for employer, intervening appellee.

Sidney G. Handler and Goldberg, Feller & Bredhoff, filed a brief for United Steelworkers of America, AFLCIO, under Rule 46.

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

Author: Woodside

[ 188 Pa. Super. Page 262]

OPINION BY WOODSIDE, J.

On the basis of the information before it, the Bureau of Employment Security denied Paul E. Ault's claim for unemployment compensation. Subsequently, an Unemployment Compensation Referee and the Unemployment Compensation Board also concluded that the claim should be denied. Ault then appealed to this Court.*fn1

[ 188 Pa. Super. Page 263]

Every covered employe in this Commonwealth has an interest in the unemployment compensation fund,

[ 188 Pa. Super. Page 264]

    which is to protect him in case of unemployment through no fault of his own. The unemployment compensation authorities have a duty to every covered employed person to protect the fund against claims of those not entitled to payment out of it. They, likewise, have a duty to every unemployed person covered by the law to see that such person receives from the fund that to which he is entitled.

An unemployment case is not a law suit between the employer and the employe, although it has sometimes mistakenly been considered as such.*fn2 An unemployment compensation case is a claim by the unemployed person against the unemployment compensation fund.

It is the duty of the referee and the board to determine all the facts - those which favor the claimant, and those which would protect the fund from any improper or illegal payment to the claimant. Gagliardi Unemployment ...


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