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FRANKIE MAE JETER v. COMMONWEALTH PENNSYLVANIA (11/10/83)

decided: November 10, 1983.

FRANKIE MAE JETER, 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 Frankie Mae Jeter, No. B-204252.

COUNSEL

William C. Hart, with him Lucinda A. Bush, Hart and Bush, for petitioner.

James K. Bradley, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Barbieri

[ 78 Pa. Commw. Page 280]

Frankie Mae Jeter (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's (1) denial of benefits and (2) assessment of non-fault overpayments. We affirm.

Claimant is employed as the Executive Director of the Welfare Rights Organization -- Allegheny County (WROAC) and is paid from funds the WROAC receives from a contract it has with Community Action Pittsburgh (CAP). At the expiration of the WROAC's fiscal year on July 1, 1980, CAP did not initially renew its contract with the WROAC, and claimant was accordingly laid off from her position as of June 29, 1980 because of a lack of funds. Claimant nonetheless continued to perform her job at the WROAC without pay, and applied for, and received unemployment compensation benefits. Thereafter, CAP renewed its contract with the WROAC, Claimant was formally reinstated to her position, and a "bonus" was paid to Claimant equal to the amount of

[ 78 Pa. Commw. Page 281]

    remuneration she would have received if she had been paid for the services she "volunteered." Upon learning of this "bonus" payment, the Office of Employment Security concluded that Claimant had not been "unemployed" within the intendment of Section 4(u) of the Pennsylvania Unemployment Compensation Law (Law)*fn1 during the weeks she had received benefits, and assessed her for non-fault overpayments equal to the benefits she had received. The referee and the Board affirmed this determination, and the present appeal followed.

"Where, as here, the party with the burden of proof did not prevail before the Board, this Court's scope of review consists of determining whether the findings of fact can be sustained without a capricious disregard of competent evidence and are consistent with each other and with the conclusions of law." Spinelli v. Unemployment Compensation Board of Review, 63 Pa. Commonwealth Ct. 358, 360, 437 A.2d 1320, 1321 (1981).

Before this Court, Claimant initially alleges that the Board erred as a matter of law by concluding that she had not been "unemployed" during the benefit weeks in question. We disagree.

Section 4(u) of the Law provides in pertinent part that "[a]n individual shall be deemed unemployed (I) with respect to any week (i) during which he performs no services for which remuneration is paid or payable to him. . . ." In Unemployment Compensation Board of Review v. Miedama, 27 Pa. Commonwealth Ct. 207, 365 A.2d 900 (1976), this Court concluded that the term remuneration, as used in Section 4(u), is not ...


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