Summary
In Pollard v. Unemployment Compensation Board of Review, 454 A.2d 1166 (Pa. Cmwlth. 1983), this Court explained when wages are considered paid.
Summary of this case from McKenna v. Unemployment Comp. BoardOpinion
January 18, 1983.
Unemployment compensation — Eligibility — Allocation of wages.
1. In determining the eligibility of an applicant for unemployment compensation benefits, wages must be included in the quarter in which they were received and cannot be reallocated to the quarter in which they were earned. [258]
Submitted on briefs November 18, 1982, to Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.
Appeal, No. 1563 C.D. 1981, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of William H. Pollard, No. B-195868.
Application with the Office of Employment Security for unemployment compensation benefits. Benefits denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Laurie Kreithen, Legal Intern, with her Ronald L. Beal, Supervising Attorney, for petitioner.
James K. Bradley, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.
The claimant has appealed from a decision by the Unemployment Compensation Board of Review which held him to be ineligible for compensation on the ground that the wages received by him during his base year fell at least $439.00 short of the qualifying amount. The claimant contends that additional wages, in the amount of $889.53 paid and received after the end of the base year, should be credited to the base year because attributable to work performed during the fourth quarter of it.
We affirm the decision because we have recently confirmed that "[w]ages must be included in the quarter in which they were received, not reallocated to the quarter in which they were earned," as stated by Judge DOYLE in Wooley v. Unemployment Compensation Board of Review, 71 Pa. Commw. 162, 454 A.2d 224 (1983). See also Claypoole v. Unemployment Compensation Board of Review, 66 Pa. Commw. 363, 444 A.2d 828 (1982).
ORDER
NOW, January 18, 1983, the order of the Unemployment Compensation Board of Review, Decision No. B-195868, dated June 8, 1981, is affirmed.