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WHITE UNEMPLOYMENT COMPENSATION CASE. (04/12/62)

April 12, 1962

WHITE UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 87, March T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-67641, in re claim of Alan J. White. Decision affirmed.

COUNSEL

Alan J. White, appellant, in propria persona, submitted a brief.

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

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

Author: Ervin

[ 197 Pa. Super. Page 483]

OPINION BY ERVIN, J.

This unemployment compensation case involves an application for benefits for the week ending March 11, 1961. The bureau, the referee and the board all concluded that the appellant was not entitled to receive benefits because he failed to meet the requirements of §§ 401(b), 401(d) and 4(w)(1) of the Unemployment Compensation Law, and Bureau Regulations, 103, 104 and 105.

The appellant was last employed as an attorney with Freedman, Landy & Lorry, Philadelphia, Pennsylvania, on February 25, 1961, on which date he had a valid separation from his employment. The next day, Sunday, February 26, 1961, appellant left for Washington, D.C. and sought employment in that city on Monday, February 27, Tuesday, February 28, and Wednesday, March 1. He returned to Philadelphia late in the evening of March 1 and remained in Philadelphia "resting" from Wednesday evening, March 1, until Tuesday, March 7, when he went back to Washington,

[ 197 Pa. Super. Page 484]

D.C. On Wednesday, March 8, Thursday, March 9, and Friday, March 10, he again looked for employment in Washington, D.C. He returned to Philadelphia late in the evening of Friday, March 10, 1961, after having received reasonable assurance of obtaining employment in Washington, D.C. On Monday, March 13, 1961, he first reported to the office of the Bureau of Employment Security in Germantown to apply for benefits. At this time he was informed that due to his social security number ending in a "5" and his work background as a lawyer, he should report to the professional and clerical office in downtown Philadelphia on Wednesday, March 15, 1961. On the latter date the appellant did report to the downtown office and filed his application for benefits, seeking credit for a waiting week ending March 4, 1961 and a compensable week ending March 11, 1961. This the bureau refused to do but permitted the back-dating of his application for benefits from Wednesday, March 15, to March 9, 1961, under Bureau Regulation 103.

Section 401(b) of the Unemployment Compensation Law, 43 PS. § 801(b), provides as follows: "Compensation shall be payable to any employe who is or becomes unemployed, and who - ....

"(b) Has registered for work at, and thereafter continued to report at, an employment office in accordance with such regulations as the secretary may prescribe, except that the secretary may by regulation waive or alter either or both of the requirements of this clause as to individuals attached to regular jobs and as to such other types of cases or situation with respect to which he finds that compliance with such requirements would be oppressive or would be inconsistent with the ...


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