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MARY LATIMER v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA. MARY LATIMER (12/06/76)

decided: December 6, 1976.

MARY LATIMER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA. MARY LATIMER, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Mary Latimer, No. B-130464.

COUNSEL

Louise A. Howells, for appellant.

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

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

Author: Rogers

[ 27 Pa. Commw. Page 349]

This is an appeal from the Unemployment Compensation Board of Review's order denying appellant, Mary Latimer, benefits under a Federal program to supplement State benefits instituted by Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, 26 U.S.C. ยง 3304 note (hereinafter referred to as SUA).*fn1

Appellant was employed as an agricultural worker from August of 1973 to August of 1974. She was next employed as an office worker for the First National Bank of Erie for a six week period falling roughly between August 23, 1974 and October 7, 1974. Appellant was last employed by the General Electric Company at intervals between December 9, 1974 and February 14, 1975.*fn2 Appellant became eligible for $74.00 per week benefits under the SUA program on January 12, 1975 due to her prior employment as an agricultural worker. At this time, however, appellant was not qualified to receive Pennsylvania benefits for any employment previously mentioned.*fn3 By notice dated

[ 27 Pa. Commw. Page 350]

May 27, 1975, the Bureau of Employment Security held the appellant ineligible to receive further SUA benefits as of April 6, 1975 since on this date she became eligible for compensation under Pennsylvania law of $20.00 per week.*fn4 The referee affirmed the Bureau on the ground of Section 203(a)(1)*fn5 of SUA which provides, inter alia, that:

(a) An individual shall be eligible to receive a payment of assistance or waiting period credit with respect to a week of unemployment occurring during and subsequent to a special unemployment assistance period in accordance with the provisions of this title if --

(1) the individual is not eligible for compensation under any State or Federal unemployment compensation law (including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)) with respect to such week of unemployment. . . .

The Unemployment Compensation Board of Review affirmed and this appeal followed. We agree with the Board and affirm.

Our scope of review in unemployment compensation cases is limited to questions of law and a determination of whether the findings of the Board are supported by substantial evidence. Dunkle v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 495, 327 A.2d 409 (1974). Since the facts of this case are not in dispute, our inquiry will be ...


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