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DOBLE UNEMPLOYMENT COMPENSATION CASE. (11/16/61)

November 16, 1961

DOBLE UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 229, Oct. T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-62722, in re claim of George W. Doble. Decision affirmed.

COUNSEL

Irving Leonard Hoffman, with him Charles R. Weiner, for appellant.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Wright

[ 196 Pa. Super. Page 368]

OPINION BY WRIGHT, J.

George W. Doble was last employed as a tool grinder by the Disston Division of the H. K. Porter Company, Philadelphia, Pennsylvania. His final day of work was September 18, 1959, on which date he had a valid separation. On September 19, 1959, Doble filed an application for unemployment compensation. The Bureau of Employment Security ruled that he was ineligible to receive benefits for the weeks ending September 25, October 2, and October 9, for the reason that Doble was owed three weeks vacation pay earned during the year 1958. Doble's waiting week therefore commenced on October 12, 1959, and he thereafter received benefits for the full period of thirty weeks. On September 19, 1960, having had no intervening employment, Doble filed an application for benefits for a second benefit year, which was within ninety days after the termination of the preceding benefit year. His application was disallowed by the Bureau of Employment Security, the Referee, and the Board of Review on the ground that he had failed to comply with the active registration requirements set forth in section 4(w)(2)

[ 196 Pa. Super. Page 369]

    of the Unemployment Compensation Law. Act of December 5, 1936, P.L. (1937) 2897, 43 P.S. 751 et seq. This appeal followed.

The record discloses that on May 13, 1960, claimant exhausted his entitlement for the first benefit year by filing a claim for his final compensable week. On that date, according to his own signed statement, claimant was notified of the requirement of section 4(w)(2) that he must maintain an active registration for work by reporting to the local office at intervals of not more than sixty days and was given a form UC-483. See lodge Unemployment Compensation Case, 194 Pa. Superior Ct. 626, 169 A.2d 305. Claimant reported on June 13, 1960, but did not report thereafter until August 17, 1960, which was beyond the sixty-day period. It was for this reason that the Board of Review refused to allow benefits under the rule announced in Marinoff Unemployment Compensation Case, 194 Pa. Superior Ct. 332, 168 A.2d 606, and reiterated frequently since. See Shumelman Unemployment Compensation Case, 196 Pa. Superior Ct. 56, 173 A.2d 676.

It is first contended on this appeal that, since claimant, on July 15, 1960, received three weeks vacation pay earned during the year 1959, the sixty-day reporting period "should have been tolled until the termination of the vacation period". It is argued that, under section 4(u) of the statute, 43 P.S. 753(u), claimant could not be considered as unemployed while receiving vacation pay, that he was therefore ineligible for benefits, and was not required under section 4(w)(2), 43 P.S. 753(w)(2), to report during that period. We are not in accord with this contention.

It should be noted that section 4(u) and section 4(w) deal with entirely different subjects. Section 4(u) defines the term "unemployed". Section 4(w) defines the term "valid application for benefits", and ...


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