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GONTA UNEMPLOYMENT COMPENSATION CASE. (06/11/64)

June 11, 1964

GONTA UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 104, April T., 1964, by claimant, from decision of Unemployment Compensation Board of Review, No. B-84146, in re claim of George M. Gonta. Decision affirmed.

COUNSEL

George M. Gonta, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee, submitted a brief.

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

Author: Watkins

[ 203 Pa. Super. Page 456]

OPINION BY WATKINS, J.

This is an appeal from a decision of the Unemployment Compensation Board of Review holding the claimant George M. Gonta ineligible for second year benefits.

The claimant was last employed by Westinghouse Electric Corp., on October 1, 1960 when he had a valid separation from work. He filed his application for benefits on October 1, 1960 and so established a base year of the third and fourth quarters of 1959 and the first and second quarters of 1960. the following taxable wages were established by his base year as follows: Third quarter of 1959 - 0; fourth quarter of 1959 - 0; first quarter of 1960 - $2166.03; second quarter of 1960 - $833.97 or the maximum taxable amount of $3000. His actual earnings in the second quarter of 1960 were $2168.89 and his annual earnings during the calendar year of 1960 were $6512.38. He was awarded benefits at the maximum of $40 per week based on $1825 of his total taxable wages reported for the base year, which amounted to $1200 or $40 per week for 30 weeks. See table specified for the determination of rate and amount of benefits, § 404(e) of the Unemployment Compensation Law, 43 PS § 804(e). He filed for his second benefit year on October 9, 1961 and established a base year consisting

[ 203 Pa. Super. Page 457]

    of the third and fourth quarters of 1960 and the first and second quarters of 1961. As he earned nothing in the first and second quarters of 1961 and as there was no reported taxable wages in the last two quarters of 1960 he was ineligible for second year benefits.

However, Section 4(x)(1) of the Unemployment Compensation Law, 43 PS § 753(x)(1) provides as follows:

"(x) 'Wages' means all remuneration, ... paid by an employer to an individual with respect to his employment, except that the term 'wages' shall not include:

"(1) That part of the remuneration which is in excess of the first three thousand dollars ($3000) paid to an individual by each of his ...


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