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BERTHA D. HOLETS v. COMMONWEALTH PENNSYLVANIA (12/05/78)

decided: December 5, 1978.

BERTHA D. HOLETS, 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 Bertha D. Holets, No. B-142438.

COUNSEL

Shelley W. Elovitz, with him Ronald N. Watzman, for petitioner.

Michael Klein, Assistant Attorney General, for respondent.

Judges Crumlish, Jr., Wilkinson, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 39 Pa. Commw. Page 39]

Bertha D. Holets (claimant) appeals from a decision by the Unemployment Compensation Board of Review (Board) affirming a referee's determination that claimant was not eligible for unemployment compensation benefits, because she was not unemployed as defined in the Unemployment Compensation Law (Law),*fn1 Section 4(u), 43 P.S. § 753(u), and had therefore received benefits for which she was not eligible, benefits which must therefore be recouped according to Section 804(b) of the Law, 43 P.S. § 874(b), dealing with non-fault overpayments. We affirm.

Claimant was employed by the Allegheny Intermediate Unit as a teacher's aide at a salary of $7,280.00 a year. Her work days ran from the beginning of the school year in mid-September, 1975, until June 8, 1976, at which time school closed for the summer. Claimant subsequently returned to work on August 31, 1976.

On June 17, 1976, claimant applied for unemployment compensation benefits, and received benefits for the weeks ending June 12, 1976 through August 28, 1976. She ultimately received a total of $814.00 before the Bureau of Employment Security (Bureau)

[ 39 Pa. Commw. Page 40]

    disallowed compensation upon discovering that claimant had been receiving salary payments during the weeks in question.

Claimant was receiving those salary payments because she had exercised an available option to have her salary paid on a twelve-month basis. She could, on the other hand, have elected to have her salary paid only during the school year, ending June 8, 1976.

Additionally, however, the school district provided claimant with a $20,000.00 life insurance policy with twelve-month disability coverage.

On the basis of this information, the Bureau determined that claimant was not unemployed*fn2 and was therefore not entitled to receive any ...


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