Opinion

Berdan v. Unemployment Compensation Board of Review

  • 153 Pa. Super. 49
  • 33 A.2d 264
  • 1943 Pa. Super. LEXIS 28
Court
Superior Court of Pennsylvania
Filed
May 3, 1943
Status
Published
Author
Hirt
On the bench
Baldrige, Hirt, Keller, Kenworthey, Reno, Rhodes, Stadtfeld
Cited by
1 cases
Authority
More cited than 83.4%

The opinion

Opinion by

Hirt, J.,

'Claimant, after 35 years of service with Carnegie Illinois Steel Corporation as a laborer, became eligible

*50

for a pension payable by Ms employer. He retired on July 1,1940 and has not been employed since that date. He made a claim for unemployment compensation but not until January 30, 1942. Under the provisions of the Unemployment Compensation Law (Act of December 5, 1936, Second Ex. Sess. P. L. (1937) 2897) the board of review had no alternative and the claim was denied.

As indicated by its name, and the “Declaration of Public Policy” in §3, 43 PS 752, the Act applies to those who normally are employed and who, both able and willing to work, are periodically out of employment through no fault of their own. Except in a limited sense the compensation provided is not unemployment insurance and, though intended to foster economic security and to prevent indigency, the Act is not a general measure in relief of the poor.

Consistent with its. purpose and as a condition precedent to benefits, a claimant under the Act must show earnings from employment during a “base year” made up of “the first four of the last five completed calendar quarters

immediately preceding

the first day of an individual’s

benefit

year.” (Italics added.) §4(a), 43 PS 753. And to be eligible for compensation an employee’s total wages during his base year must be “not less than thirteen times his weekly compensation 'amount.” §401 (a), 43 PS 801. The amount of weekly compensation is computed under the Act at one-half “of the employee’s full-time weekly wage.” §403, 43 PS 803. Claimant’s full-time weekly wage prior to retirement was $24.80. Thus, to qualify for compensation, claimant was obliged to show earnings during his base year immediately preceding his application, of thirteen times $12.40, or $161.20.

Claimant earned nothing during that period and no compensation is payable under the Act.

Order affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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