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ELAINE MARTIN v. COMMONWEALTH PENNSYLVANIA (01/06/82)

decided: January 6, 1982.

ELAINE MARTIN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Elaine Martin, No. B-174717.

COUNSEL

John Stember, with him Joseph Mesar, for petitioner.

Karen Durkin, Associate Counsel, with her James K. Bradley, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Mencer, Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by Judge Mencer. This decision was reached prior to the expiration of the term of office of Judge Palladino.

Author: Mencer

[ 63 Pa. Commw. Page 630]

Elaine Martin (claimant) has appealed from a decision of the Unemployment Compensation Board of Review (Board) which denied her benefits for failing to meet the financial qualification provisions of Section 404 of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 804. We affirm.

Claimant had been employed for 3 1/2 years by the National Biscuit Company when she was validly separated from employment. She filed an application for unemployment compensation benefits with an effective date of April 22, 1979. Because of sporadic

[ 63 Pa. Commw. Page 631]

    layoffs, claimant averaged approximately 5 months of employment per year. The Board affirmed a determination of the referee finding claimant ineligible for benefits because of insufficient base year wages. This appeal followed.

In determining claimant's eligibility for compensation, the Board referred to the following portions of the Table Specified for the Determination of Rate and Amount of Benefits (Table), Section 404(e)(1) of the Act, 43 P.S. § 804(e)(1):

Part A

Highest Part B Part C

Quarterly Rate of Qualifying Part D ...


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