Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Jeffrey Watkins, Nos. B-215692 and B-215693.
Richard J. Catalano, Catalano and Catalano, for petitioner.
James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri. Judge Williams, Jr. did not participate in the decision in this case.
Jeffrey Watkins, Claimant, appeals here two orders*fn1 of the Unemployment Compensation Board of Review (Board) affirming the referee's decision finding Claimant no longer "unemployed" within the meaning of Section 4(u) of the Pennsylvania Unemployment Compensation Law*fn2 and, therefore, pursuant to Section 401 of the Law,*fn3 ineligible to receive unemployment benefits. The Board also affirmed the
determination that Claimant had received benefits to which he was not entitled and thus had been overpaid.*fn4
Section 401 of the Law establishes as the primary criterion of eligibility for benefits that a claimant be "unemployed" "Unemployed" is defined at Section 4(u) in pertinent part as follows:
An individual shall be deemed unemployed . . . (II) with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than his weekly benefit rate plus his partial benefit credit.
Claimant is currently employed in the housekeeping department at the Jewish Home and Hospital for the Aged (Jewish Home) in Pittsburgh, Pennsylvania and has been so employed since August 9, 1982. Claimant's current employment followed a lengthy period of unemployment after he was laid off by United States Steel Homestead Works on October 1, 1981. While Claimant was advised at the outset by his current employer that he was being hired on a "temporary part-time" basis and though, initially, he worked several thirty hour weeks, Claimant has been working thirty-seven and one-half hours a week since September, 1982. The Jewish Home considers thirty-seven and one-half hours a full-time work week.
Claimant contends on appeal that he is still "unemployed" within the meaning of Section 4(u) because he works two and one-half fewer hours per week than at his former job with United States Steel; therefore, pursuant to Section 401 of the Law, he is ...