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MURPHY GOODMAN v. COMMONWEALTH PENNSYLVANIA (07/29/82)

decided: July 29, 1982.

MURPHY GOODMAN, 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 Murphy Goodman, No. B-188056.

COUNSEL

James E. Culp, for petitioner.

Charles Donahue, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish and Judges Rogers and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 68 Pa. Commw. Page 53]

The Pennsylvania Unemployment Compensation Board of Review (Board) denied benefits to Murphy Goodman. We vacate and remand.

While studying law at the University of Pittsburgh, Goodman was employed by that institution for a two-year

[ 68 Pa. Commw. Page 54]

    period as an academic advisor.*fn1 After completing his legal studies, Goodman's appointment as an advisor was renewed for one year, during which time he enrolled in evening graduate courses. Using the third year of the triennial as his base period, he applied for benefits when his appointment was not extended beyond the final year since his academic involvement with the University had terminated.

The Bureau of Employment Security determined, without further explanation, that Goodman was "financially ineligible" for benefits. On appeal to the referee, the claimant was informed that the following issues*fn2 would be considered:

(1) Whether the claimant was able to work and available for suitable work under Section 401(d) of the Unemployment Compensation Law (Law);*fn3 and

(2) Whether the claimant was paid the qualifying amount of wages in subject employment under Section 404 of the Law.*fn4

The referee, however, concluded that Goodman, while serving his third year as an academic advisor, was a student enrolled ...


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