Opinion

Collins v. Commonwealth

  • 39 Pa. Commw. 389
  • 395 A.2d 667
  • 1978 Pa. Commw. LEXIS 1544
Court
Commonwealth Court of Pennsylvania
Filed
Dec 22, 1978
Status
Published
Author
Mencer
On the bench
Blatt, MacPhail, Mencer
Cited by
4 cases
Authority
More cited than 67.1%

The opinion

Opinion by

Judge Mencer,

This is an appeal by Curtis Collins (claimant) from an order of the Unemployment Compensation Board of Review (Board) affirming the referee’s denial of benefits pursuant to Sections 3 and 402(b)(1) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §§752, 802(b) (1).

The findings of fact which are supported by the record indicate that claimant was employed as a truck driver for S. D. Richmond Sons, Inc. Claimant was aware that a valid driver’s license was required in order to perform his work. On April 30, 1976, the Pennsylvania Department of Transportation suspended claimant’s license for failure to pay a judgment of $500 arising out of an automobile accident. As a result, claimant lost his job since he was unable to perform the work for which he was emplojmd and since there was no other available work.

The only issue on appeal is whether claimant was properly denied benefits under Section 3 of the Act, *391 i.e., whether he was unemployed through his own fault. Claimant argues that his failure to satisfy the judgment was not blameworthy or culpable conduct which, constituted “fault” within the meaning of Section 3. Claimant offered no reason for the failure to satisfy the judgment. He did not claim that he was unable to pay it or that he was unable to settle the matter otherwise. Under such circumstances, this case is controlled by this Court’s decision in Strokes v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 584 , 372 A.2d 485 (1977). In Strokes , which involved almost identical facts, we held that an employee’s failure to pay a judgment which caused his license to be suspended and resulted in his loss of employment as a truck driver did constitute “fault” within the meaning of Section 3.

Therefore, we affirm the Board’s decision.

Order

And Now, this 22nd day of December, 1978, the order of the Unemployment Compensation Board of Review, dated March 28, 1977, denying benefits to Curtis Collins, is 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.