# Berdan v. Unemployment Compensation Board of Review

> Superior Court of Pennsylvania · May 3, 1943 · 153 Pa. Super. 49

URL: https://www.frixlaw.com/law-library/cases/3857523

## Case

- **Full name:** Berdan, Appellant, v. Unemployment Compensation Board of Review
- **Court:** Superior Court of Pennsylvania
- **Decided:** May 3, 1943
- **Citations:** 153 Pa. Super. 49; 33 A.2d 264; 1943 Pa. Super. LEXIS 28
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hirt
- **Judges:** Baldrige, Hirt, Keller, Kenworthey, Reno, Rhodes, Stadtfeld
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3857523

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3857523. Public record. Not legal advice.