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JO V. SEIBERT v. COMMONWEALTH PENNSYLVANIA (07/30/79)

decided: July 30, 1979.

JO V. SEIBERT, 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 Jo V. Seibert, No. B-163455.

COUNSEL

Richard A. Ash, with him Lyman & Ash, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him Edward G. Biester, Jr., Acting Attorney General, for respondent.

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

Author: Blatt

[ 44 Pa. Commw. Page 507]

The appellant, Jo V. Seibert, appeals here from the denial of unemployment compensation benefits by the Unemployment Compensation Board of Review (Board) on the basis that for two separate weeks she failed to meet the reporting requirements under Section 401(b) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 801(b).

On March 17, 1978, the appellant reported to the local employment office and filed a valid application for benefits. She reported properly again on March 24, 1978, but the Board argues that she did not so report for the two weeks thereafter. On her scheduled reporting date of March 31, 1978 the appellant testified that she reported to the employment office of the Bureau of Employment Security (Bureau) and gave a man there her card but was not asked any questions

[ 44 Pa. Commw. Page 508]

    and did not recall signing anything. The referee found the Bureau's records showed no such visit and held, therefore, that the appellant did not report on this date. For the ensuing week of April 1, 1978, the appellant testified that she did not report to the Bureau because she had an appointment with an employment counselor, to help her prepare an employment resume, which conflicted with her reporting time to the Bureau. She further testified that she had called the Bureau and been informed "it was alright not to report" that day and that she should come in the following week. The referee held that a conflicting appointment was not an acceptable excuse for failure to report and also found that the appellant was not misled or misinformed regarding the Bureau's reporting requirements. On appeal, the Board affirmed this determination, and this appeal followed.

Section 401(b) of the Act provides that compensation shall be payable to an employe who is or becomes unemployed and who:

(b) Has registered for work at, and thereafter continued to report at, an employment office in accordance with such regulations as the secretary may prescribe. . . .

43 P.S. § 801(b).

The relevant regulations for reporting provide that claimants are required to report each week and file a claim for the previous week of unemployment.*fn1 They also provide that, following the initial filing of a claim, Stanek v. Unemployment ...


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