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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. MARTIN GOLDSTEIN (01/15/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: January 15, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
MARTIN GOLDSTEIN, APPELLANT

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Martin Goldstein, No. B-124228.

COUNSEL

Martin Goldstein, appellant, for himself.

Daniel R. Schuckers, Assistant Attorney General, with him, Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Kramer, Wilkinson, Jr., and Rogers, sitting as a panel of three. Opinion by Judge Rogers. Judge Blatt dissents.

Author: Rogers

[ 23 Pa. Commw. Page 11]

The sole question in this case is whether the retirement pension benefits paid to the appellant, a former employe of the Internal Revenue Service, are to be offset against unemployment compensation benefits pursuant to Section 404(d)(iii) of the Unemployment Compensation

[ 23 Pa. Commw. Page 12]

Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 804(d)(iii). We have repeatedly held that they are: Unemployment Compensation Board of Review v. Charles E. Leib, 20 Pa. Commonwealth Ct. 206, 340 A.2d 927 (1975); Etter v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 642, 316 A.2d 659 (1974); Ettelson v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 617, 316 A.2d 661 (1974). The Supreme Court of Pennsylvania has denied petitions for allocatur in Etter and Leib.

Order

And now, this 15th day of January, 1976, it is ordered that the instant appeal be and it is dismissed, and the decision of the Unemployment Compensation Board of Review be and it is affirmed.

Judge Blatt dissents.

Disposition

Affirmed.

19760115

© 1998 VersusLaw Inc.



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