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TIMOTHY C. DEANER v. COMMONWEALTH PENNSYLVANIA (11/18/83)

decided: November 18, 1983.

TIMOTHY C. DEANER, 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 Timothy C. Deaner, No. B-209586.

COUNSEL

Mark E. Mioduszewski, Know, Grahan, McLaughlin, Gornall and Sennett, Inc., for petitioner.

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

Judges Rogers, Craig and Doyle, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 78 Pa. Commw. Page 432]

This is the appeal of an unemployment compensation claimant from an order of the Unemployment Compensation Board of Review affirming a referee's decision denying the appellant benefits on the ground that he was discharged from the United States Marine Corps "for cause" within the meaning of the pertinent Federal legislation and was not, therefore, a person in Federal Service eligible for compensation, as required by the Act of Congress. The legislation is at Subchapter II of Chapter 85 of Title 5 of the United States Code, specifically 5 U.S.C. ยง 8521 which reads as follows:*fn1

(a) For the purpose of this subchapter

(1) "Federal service" means active service, including active duty for training purposes, in the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration which either began after January 31, 1955, or terminated after October 27, 1958, if --

(A) that service was continuous for 365 days or more, or was terminated earlier because

[ 78 Pa. Commw. Page 433]

    of an actual service-incurred injury or disability; and

(B) with respect to that service, the ...


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