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KENNETH MARK STEINBERG v. COMMONWEALTH PENNSYLVANIA (03/21/78)

decided: March 21, 1978.

KENNETH MARK STEINBERG, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Kenneth Mark Steinberg, No. B-135674.

COUNSEL

Kenneth M. Steinberg, petitioner, for himself.

Charles G. Hasson, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

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

Author: Rogers

[ 34 Pa. Commw. Page 295]

Kenneth Steinberg has appealed from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision which denied the appellant benefits under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974*fn1 (hereinafter referred to as SUA). The referee held that Steinberg was not entitled to SUA benefits because he was eligible for compensation under the Unemployment

[ 34 Pa. Commw. Page 296]

Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 751 et seq.

Steinberg was employed by Gordon's Furniture Company from February 1971 to April of 1975. He terminated his position with Gordon's to take a job at a higher salary with the Allegheny County Court of Common Pleas. He worked for Allegheny County from May of 1975 until March 6, 1976 when his position was eliminated by the County for lack of funds. Steinberg then filed a timely application for both Pennsylvania Unemployment Compensation and SUA benefits.

In the base year applicable to Steinberg's case -- October 1974 through September 1975 -- he had worked at least a full quarter for each Gordon and Allegheny County. Because service for a political subdivision of the state is not covered employment under Section 4 of the Unemployment Compensation Law,*fn2 the Bureau determined Steinberg's highest quarterly wages on the basis of his salary at Gordon's and awarded compensation at the rate of $62 per week. Steinberg appealed to the Board and argued that he was entitled to the higher SUA benefit rate ($99 per week) because he was ineligible for Unemployment Compensation due to the fact that he had not left his covered employment at Gordon's for a "cause of necessitous and compelling nature" as required by Section 402(b)(1) of the Unemployment Compensation Law.*fn3 After a hearing, a referee affirmed the Bureau, finding that Steinberg was eligible for Pennsylvania compensation and therefore that he was ineligible for SUA benefits.

[ 34 Pa. Commw. Page 297]

The Board affirmed the referee without taking further testimony, and we now affirm the Board.

The Federal SUA program is intended to provide special unemployment assistance to employees not eligible for unemployment compensation under any other Federal or State law. In fact, ineligibility under any other Federal or State programs is an express prerequisite to eligibility for SUA benefits. Section 203(a)(1) of Title II of the Emergency Jobs and Unemployment Assistance Act of 1974; Latimer v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 348, 367 A.2d 342 (1976). Steinberg contends that he is eligible for SUA benefits because he made himself ineligible for Pennsylvania compensation by ...


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