Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (01/14/88)

decided: January 14, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, OFFICE OF EMPLOYMENT SECURITY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the orders of the Unemployment Compensation Board of Review, in cases of In Re: Claim of Eugene P. Mattis, No. B-244061-B; In Re: Claim of Louise Rhoades, No. B-246383, and In Re: Claim of Harold M. Huffman, No. B-246382.

COUNSEL

Debra L. Mazen, Assistant Counsel, for petitioner.

Jonathan Zorach, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Craig and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 112 Pa. Commw. Page 524]

These cases come before this Court on Petitions for Review. They were consolidated for appeal. Each case involves a claim for Federal Supplemental Compensation (FSC) benefits, which are governed by Section 602(f)(2)(B) of the Federal Supplemental Compensation Act of 1982 (the Act), Act of September 3, 1982, Pub. L. 97-248, as amended, codified at Notes to 26 U.S.C.A. Section 3304 (1987 Supp.). In order to receive FSC benefits under this Section of the Act, a claimant must have signed for the week which includes March 31, 1985, and any week thereafter, in a period of consecutive

[ 112 Pa. Commw. Page 525]

    weeks for each of which he meets the eligibility requirements of this Act.

Claimant, Harold M. Huffman (Huffman), received FSC benefits for compensable weeks ending (CWE) February 2, 1985, through April 6, 1985. He did not claim benefits for CWE April 13, 1985 because he had earnings from a temporary job for which he received an amount greater than his weekly benefit rate plus partial benefit credit. When he resumed his claim the following week, CWE April 20, 1985, the Office of Employment Security (OES) denied benefits for that week. Huffman appealed and following a hearing, Referee Matthew J. Ercolino, affirmed the OES' determination. Huffman then appealed to the Unemployment Compensation Board of Review (Board), which reversed the decision of the Referee and granted benefits. OES requested reconsideration, which was denied. From the Board's final Order of January 30, 1986, OES petitioned for review to this Court on March 3, 1986.

Claimant, Eugene P. Mattis (Mattis), received FSC benefits for CWEs April 6, 1985 through June 1, 1985. He did not claim benefits for CWEs June 8, 1985 and June 15, 1985 because he was on National Guard duty and would consequently be ineligible for benefits. When he resumed his claim the following week, June 22, 1985, OES denied his claim for benefits for that week. Mattis appealed, and following a hearing, Referee Edward Solomon, Jr. affirmed the OES determination. Mattis then appealed to the Board, which reversed the decision of the Referee and granted benefits. OES requested reconsideration, which was granted. Following oral argument, the Board again reversed the decision of the Referee and granted benefits. OES petitioned this Court for review of the Board's final Order of January 16, 1986.

[ 112 Pa. Commw. Page 526]

Claimant, Louise Rhoades (Rhoades), received FSC benefits for CWEs February 23, 1985 through March 30, 1985. She did not claim benefits for CWE April 6, 1985 because she went out of town for vacation and to seek employment and did not believe that she would be eligible for benefits for that week. When she resumed her claim the following week, April 13, 1985, OES denied her claim for benefits for that week. Rhoades appealed, and following a hearing, Referee Thomas W. Snyder, reversed the OES determination and granted benefits. OES appealed to the Board, which affirmed the decision of the Referee. OES petitioned this Court for review of the Board's final Order of January 30, 1986.

Initially, we note that this federal statute has become enforceable in this Commonwealth pursuant to Section 608 of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, added by the Act of March 24, 1964, Special Sess., P.L. 53, 43 P.S. ยง 848. Therefore, we must interpret the Congressional ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.