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DALE E. CUMMINGS v. COMMONWEALTH PENNSYLVANIA (01/14/83)

decided: January 14, 1983.

DALE E. CUMMINGS, 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 Dale E. Cummings, No. B-192304.

COUNSEL

Simon B. John, John & John, for petitioner.

Richard C. Lengler, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 71 Pa. Commw. Page 205]

This appeal involves a very narrow issue of whether an employee who is actually paid $6,247 during the base year used to determine eligibility for unemployment compensation benefits should be eligible for such benefits where he earned an additional $352 during the base year but did not receive that money until 3 days following the end of the fourth quarter of his base year. The Office of Employment Security and the referee found the instant claimant, Dale E. Cummings, ineligible and the Unemployment Compensation Board of Review (Board) affirmed the referee's decision.

This identical issue was decided by this Court in Wooley v. Unemployment Compensation Board of Review, Pa. Commonwealth Ct. , A.2d (No. 1244 C.D. 1981, filed January 13, 1983).

Order affirmed.

Order

The order of the Unemployment Compensation Board of Review is affirmed.

Disposition

Affirmed.

19830114 ...


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