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ZUBRITSKY UNEMPLOYMENT COMPENSATION CASE. (12/12/63)

December 12, 1963

ZUBRITSKY UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 161, April T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-76167, in re claim of Melvin Zubritsky. Decision affirmed.

COUNSEL

Melvin Zubritsky, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, with 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: Ervin

[ 202 Pa. Super. Page 347]

OPINION BY ERVIN, J.

In this unemployment compensation case the bureau, referee and board found the appellant to be ineligible to receive benefits.

[ 202 Pa. Super. Page 348]

The appellant was last employed by Pittsburgh Steel Company as a clerk earning approximately $97.00 a week from January 15, 1962 until June 8, 1962. He filed an application for benefits effective July 1, 1962, thereby establishing as a base year the second, third and fourth quarters of 1961 and the first quarter of 1962. During his base year the appellant had the following reported wages in covered employment: second quarter, 1961, none; third quarter, 1961, none; fourth quarter, 1961, none; first quarter, 1962, $908.19. On April 4, 1962 the appellant received a pay check in the amount of $302.23 for the pay period ending March 24, 1962. During the appellant's base year he had total earnings in the amount of $908.19 and his highest quarter earnings totaled $908.19.

The only issue here is whether the wages earned by the appellant in the first quarter of 1962 in the sum of $302.23 but not paid until April 4, 1962, which was in the second quarter of 1962, were to be included in computing the wages for his base year. Section 404(b) of the Unemployment Compensation Law, 43 PS § 804(b), provides as follows: "The 'highest quarterly wages' of an employe shall be the total wages (computed to the nearest dollar) wiich were paid to such employe in that calendar quarter in which such total wages were highest during the base year." (Emphasis added)

The record discloses that the wages reported for the appellant for the last quarter of his base year (first quarter of 1962) were $908.19 and constituted the only quarter in which he had any earnings. The record further discloses that he actually earned $302.23 for the pay period ending March 24, 1962 but did not receive this amount until the pay day which occurred on April 4, 1962, this date being beyond the last quarter of his base year, which comprised the second, third and fourth quarters of 1961 and the first quarter of 1962. The $302.23 was received by the appellant and reported by

[ 202 Pa. Super. Page 349]

    his employer in the second quarter of 1962. Section 404(b) above set forth clearly provides that the highest quarterly wages shall be the wages paid. "Paid" is the past tense of "pay." If the legislature intended to include an outstanding indebtedness, it would have used, in addition to the word ...


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