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JACOB S. KAHN v. COMMONWEALTH PENNSYLVANIA (07/20/89)

decided: July 20, 1989.

JACOB S. KAHN, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION)

COUNSEL

Joseph F. Kameen, Charles D. Onofry, Berger and Kameen, Milford, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, Maribeth Wilt-Seibert, Asst. Counsel, Harrisburg, for respondent.

Doyle and McGinley, JJ., and Barbieri, Senior Judge. Barbieri, Senior Judge, dissenting.

Author: Doyle

[ 127 Pa. Commw. Page 330]

This is an appeal by Jacob S. Kahn (Claimant) from an order of the Unemployment Compensation Board of Review (Board) which denied Claimant benefits on the basis of Section 404 of the Unemployment Compensation Law (Law).*fn1 Section 404 restricts the grant of benefits to individuals who have, inter alia, earned sufficient base year wages.

This case was originally heard before a referee who made findings of fact and concluded that Claimant had insufficient total base year wages and, accordingly, was ineligible to receive benefits. Claimant appealed the decision to the Board contending that certain portions of his income had not been considered by the referee. The Board accordingly granted a rehearing in the matter and directed that a hearing examiner take evidence on behalf of the Board. At the rehearing neither Claimant nor the employer appeared. Accordingly, the Board then issued its findings of fact based upon the evidence presented at the original hearing. The Board specifically determined that Claimant had established a base year consisting of all four quarters of 1987 and found the breakdown of his wages to be as follows:

3. The claimant, during his base year, earned the following wages:

First Quarter, 1987 - Delaware Valley $220.00

- New Jersey $700.00

Second Quarter, 1987 - Delaware Valley $25.00

- New Jersey $4,188.00

Third Quarter, 1987 - New Jersey ...


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