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ALEX GROSSINGER AND FRANCES GROSSINGER v. COMMONWEALTH PENNSYLVANIA (12/03/84)

decided: December 3, 1984.

ALEX GROSSINGER AND FRANCES GROSSINGER, PETITIONERS
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: Claims of Alex Grossinger, No. B-210243 and Frances Grossinger, No. B-210244.

COUNSEL

Myron A. Pinkus, with him, Ben Josielevski, for petitioners.

James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

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

Author: Blatt

[ 86 Pa. Commw. Page 242]

Alex and Frances Grossinger (claimants) appeal here an order of the Unemployment Compensation Board of Review (Board) denying them*fn1 benefits because they were found financially ineligible pursuant

[ 86 Pa. Commw. Page 243]

    to 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 claimants applied for benefits after the business for which they worked was sold. The Office of Employment Security (OES) denied benefits because they each had insufficient base year wages.*fn2 The claimants appealed and hearings were held before referees who affirmed the initial determination, denying the claimants benefits. The Board subsequently affirmed those decisions, and the instant appeal ensued.

The Board made the following findings of fact for each claimant:

1. Claimant filed an application for benefits effective June . . . 1982 thereby establishing a base year from January 1, 1981 to December 31, 1981.

2. The claimant had a high quarter during the base year of $4,900.00 during the ...


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