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JAMES E. MCANALLEN v. COMMONWEALTH PENNSYLVANIA (11/09/84)

decided: November 9, 1984.

JAMES E. MCANALLEN, 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 James E. McAnallen, No. B-219498.

COUNSEL

Frank J. Piatek, for petitioner.

Michael D. Alsher, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges MacPhail, Colins and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 86 Pa. Commw. Page 78]

James E. McAnallen (claimant) appeals here an order of the Unemployment Compensation Board of Review (Board) affirming a referee's order which held that he was not financially eligible for benefits. The Board cited Section 404 of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 804.

The Board found that:

1. Claimant was last employed as a maintenance electrician by the U.S. Fabrication from December 16, 1974 at a final rate of $10.56 per hour and his last day of work was December 9, 1981.

2. The claimant filed an application for unemployment compensation benefits effective March 6, 1983 and established a base year period for wages of October 1, 1981 through September 30, 1982.

3. The claimant had earnings from United States Steel in the fourth quarter of 1981 of $5,657.00 and in the first quarter of 1982, earnings of $2,046.00 with no wages reported in the second and third quarters of 1982. His total wages were $7,703.00.

4. The claimant received sick and accident benefits from the employer from December 9, 1981 through February 25, 1982 of $1,900.65.

[ 86 Pa. Commw. Page 795]

. The claimant is also in the National Guard for the past five years and attends meetings one weekend per month and is paid $132.72 per month and attends two weeks ...


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