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NICHOLAS J. BRIGLIA v. COMMONWEALTH PENNSYLVANIA (11/23/82)

decided: November 23, 1982.

NICHOLAS J. BRIGLIA, 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 Nicholas Briglia, No. B-194190.

COUNSEL

Nicholas J. Briglia, petitioner, for himself.

William J. Kennedy, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 70 Pa. Commw. Page 160]

This is an appeal by Nicholas J. Briglia (Claimant) from the order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of a referee to deny unemployment compensation benefits as a result of Claimant's financial ineligibility pursuant to Section 404(c) of the Pennsylvania Unemployment Compensation Law (Law).*fn1 For the reasons which follow, we affirm the order of the Board.

The referee made the following findings of fact which were adopted by the Board in their order affirming the referee's decision:

1. For purposes of this appeal, the claimant was last employed by C. H. Shoemaker as a plasterer and his last day of work was November 14, 1980. His separation from this employment is not at issue here.

2. The claimant filed an application for benefits effective November 16, 1980, thereby establishing his base year as the third and fourth quarters of 1979, and the first and second quarters of 1980.

3. Claimant's reported wages during the base year period were as follows:

High Quarter Earnings -- $6,138.00

Total Wages -- $7,993.00.

4. During the base year the claimant was employed 16 weeks at ...


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