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JAMES STROKES v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (04/15/77)

decided: April 15, 1977.

JAMES STROKES, APPELLANT
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of James Strokes, No. B-130211.

COUNSEL

David A. Searles, with him James B. Lieber, for appellant.

David Bianco, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Kramer

[ 29 Pa. Commw. Page 585]

This is an appeal filed by James Strokes (Strokes) from an order of the Unemployment Compensation

[ 29 Pa. Commw. Page 586]

Board of Review (Board), dated March 1, 1976. The order denies Strokes benefits under Section 3 of the Unemployment Compensation Law (Act),*fn1 Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 752, for the reason that his unemployment did not result "through no fault of his own."

Strokes was a truck driver for the Delaware Valley Hospital Laundry. His weekly salary was $170. On April 28, 1975, Strokes was informed by his employer that its insurance carrier had received notice that Strokes' motor vehicle license had been suspended. Strokes produced a valid driver's license and stated that he was unaware of any suspension.*fn2 His employer thereupon told him to clear the matter up. He continued working and next met with his employer on May 12, 1975. Strokes stated at this meeting that he did not wish to drive on a license that was not valid. He was told by his employer that there were no other positions available and that he had until May 16 to clear up the matter of the suspension. He then drove to Harrisburg and learned the basis for the suspension. A judgment obtained by a third party in an unrelated civil action had been entered against him in the amount of $394. Because Strokes had not satisfied the judgment, his operator's license had been suspended pursuant to Section 1413 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1413.*fn3 Strokes did not return to see his

[ 29 Pa. Commw. Page 587]

    employer until some time after June 3, 1975. At this time, he asked for employment which would not require driving and was once again informed that there was no other position available. Because Strokes was unable to drive, his employment was terminated.

Section 3 of the Unemployment Compensation Act, 43 P.S. § 752, provides:

Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of the Commonwealth. Involuntary unemployment and its resulting burden of indigency falls with crushing force upon the unemployed worker. . . . Security against unemployment and the spread of indigency can best be provided by the systematic setting aside of financial reserves to be used as compensation for loss of wages by employes during periods when they become unemployed through no fault of their own. . . . The Legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this Commonwealth require the exercise of the police powers of the Commonwealth ...


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