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KISSELL UNEMPLOYMENT COMPENSATION CASE. (03/24/60)

March 24, 1960

KISSELL UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 31 March T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-52044, in re claim of Lewis G. Kissell. Decision affirmed.

COUNSEL

Lewis G. Kissell, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Watkins

[ 192 Pa. Super. Page 11]

OPINION BY WATKINS, J.

This is an unemployment compensation case in which the unemployment compensation authorities denied benefits to the claimant, Lewis G. Kissell, because he had insufficient earnings in his base year to qualify under the provisions of Section 404 of the Unemployment Compensation Law, 43 PS ยง 804.

Kissell was last employed by the Interstate Amesite Company, on October 1, 1958. He established a base year consisting of the fourth quarter of 1957 and the

[ 192 Pa. Super. Page 12]

    first, second and third quarters of 1958. He did not earn anything in the first three quarters, but earned $763.87 in the fourth quarter, so that his total base year earnings and his highest quarterly wages are the same, amounting to $763.87.

Section 404(a) of the law, establishes a preliminary formula for determining a claimant's weekly benefit amount on the basis of his weekly earning experience. He is permitted to establish this from his highest quarterly wages or by 50% of his full-time weekly wage, whichever is higher.

In order to make the computation it is necessary to consult the table specified for the determination of the rate and amount of benefits as set forth in Section 404(e) which, so far ...


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