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WILLIAM P. LUBOVINSKY v. COMMONWEALTH PENNSYLVANIA (05/29/87)

decided: May 29, 1987.

WILLIAM P. LUBOVINSKY, 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 William P. Lubovinsky, No. B-239356.

COUNSEL

Mary E. Baloh, for petitioner.

Jonathan Zorach, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges Barry and Palladino (p.), and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 106 Pa. Commw. Page 377]

This is an appeal by petitioner, William P. Lubovinsky, from an order of the Unemployment Compensation Board of Review (Board) affirming the referee's denial of unemployment compensation benefits pursuant to Section 401(a) of the Unemployment Compensation Law (Law).*fn1 For the reasons which follow, we vacate and remand.

Petitioner was employed by Modules Corporation (Employer) and last worked during the week ending October 10, 1983.*fn2 Petitioner filed an application for

[ 106 Pa. Commw. Page 378]

    unemployment compensation benefits with the Office of Employment Security (OES) on December 30, 1984. By document dated January 9, 1985, OES notified the petitioner that he was not financially eligible for benefits because he had only twelve (12) credit weeks within his base year.*fn3 On appeal, both the referee and the Board affirmed. Petitioner now appeals to this court.*fn4

Section 404(c) of the Law requires that an employe have a minimum of sixteen credit weeks during the employe's base year in order to be eligible to receive unemployment compensation. Section 4 (g.1) of the Law, 43 P.S. ยง 753(g.1), defines credit week as "any calendar week in an individual's base year*fn5 with respect to which he was paid in employment as defined in this act, remuneration of not less than fifty dollars ($50). Only one credit week can be established with respect to any one calendar week."

Petitioner's December 30, 1984 benefit application fixed his base year as the period beginning July 1, 1983 and ending June 30, 1984 (the last two quarters of 1983 and the first two quarters of 1984). The referee found that the petitioner had twelve credit weeks during the base year. Further, in the "reasoning" section of the referee's opinion, the referee states that one of petitioner's

[ 106 Pa. Commw. Page 3791984]

vacation weeks could be used as a credit week but this would still be insufficient to meet the ...


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