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LUONGO UNEMPLOYMENT COMPENSATION CASE. (04/18/63)

April 18, 1963

LUONGO UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 24, Feb. T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-72007, in re claim of Frank V. Luongo. Decision affirmed.

COUNSEL

Richard S. Campagna, for appellant.

Sydney Reuben, Assistant Attorney General, with him Raymond Kleiman, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Woodside

[ 200 Pa. Super. Page 563]

OPINION BY WOODSIDE, J.

This unemployment compensation case is complicated by the fact that the claimant, Frank Luongo, had multiple covered employment. He had been employed by S. J. Aronsohn, Inc., for approximately two years, working as a quill cleaner in his employer's textile mill from 11:15 P.M. to 6:15 A.M., five days a week at an hourly wage of $1.21. In June of 1961, the claimant obtained day-time employment with his uncle, Lorenzo Grecco, as a construction laborer at $1.50 per hour. From June to November 7, 1961, the claimant held both jobs. On the latter date, he voluntarily quit his employment with Aronsohn. On December 1, 1961, he was laid off by Grecco because of lack of work.

[ 200 Pa. Super. Page 564]

The bureau, the referee and the board held that the claimant was ineligible for compensation. The basis of their conclusion was that the claimant, by voluntarily terminating his employment with Aronsohn was disqualified from benefits under § 402(b)(1) of the Unemployment Compensation Law, 43 P.S. § 802(b)(1), and subsequent to that voluntary termination he did not meet the qualifying provision of $401(f) of the Unemployment Compensation Law, 43 P.S. § 801(f), by earning eight times his weekly benefit rate.

Section 401(f) of the Unemployment Compensation Law, 43 P.S. § 801(f), provides: "Compensation shall be payable to any employe who is or becomes unemployed, and who - ... (f) Has, subsequent to his separation from work under circumstances which are disqualifying under the provisions of subsections 402(b) and 402(e) of this act, been paid remuneration for services in an amount equal to or in excess of eight (8) times his weekly benefit rate, ..."

In determining whether the claimant had earned eight times his weekly benefit rate under the above provision, the board considered only those wages which the claimant earned from Grecco subsequent to his voluntary termination of work with Aronsohn on November 7. During this time, the claimant earned only $141.75, which was insufficient to qualify him under the above provision.

It is the claimant's contention that in determining whether he had earned eight times his weekly benefit rate, all the wages which he earned from Grecco should be considered regardless of whether they were earned prior or subsequent to his voluntarily leaving his employment with Aronsohn. The difficulty with this contention is that it flies into the face of the above provision of the ...


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