Opinion
November 14, 1961.
December 14, 1961.
Unemployment Compensation — Second benefit year — Failure to comply with active registration requirement — Misunderstanding — Mandatory provisions of § 4(w)(2) of Unemployment Compensation Law.
1. The provisions of § 4(w)(2) of the Unemployment Compensation Law are mandatory.
2. In an unemployment compensation case, in which it appeared that claimant, who had exhausted his entitlement for the first benefit year by filing a claim for his final compensable week, thereafter did not report within a sixty-day period; and that he testified that he guessed that he had misunderstood and that it was his fault; it was Held that his application for benefits for a second benefit year was properly disallowed on the ground that he had failed to comply with the active registration requirement set forth in § 4(w)(2) of the Unemployment Compensation Law.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 287, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-65315, in re claim of Earl G. Grunden. Decision affirmed.
Earl G. Grunden, appellant, in propria persona.
Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.
MONTGOMERY, J., concurred in the result.
Argued November 14, 1961.
Earl G. Grunden was last employed by the Pittsburgh Plate Glass Company at Creighton, Allegheny County, Pennsylvania. His final day of work was February 26, 1960, on which date he had a valid separation. Grunden thereafter filed an application for unemployment compensation, and received benefits for thirty weeks. On February 27, 1961, having had no intervening employment, he filed an application for benefits for a second benefit year, which was within ninety days after the termination of the preceding benefit year. His application was disallowed by the Bureau of Employment Security, the Referee, and the Board of Review on the ground that he had failed to comply with the active registration requirement set forth in section 4(w)(2) of the Unemployment Compensation Law. Act of December 5, 1936, P.L. (1937) 2897, 43 P.S. 751 et seq. This appeal followed.
The record discloses that, on October 13, 1960, claimant exhausted his entitlement for the first benefit year by filing a claim for his final compensable week. On that date, according to his own signed statement, claimant was notified of the requirement of section 4(w)(2), that he must maintain an active registration for work by reporting to the local office at intervals of not more than sixty days, and was given a form UC-483. See Lodge Unemployment Compensation Case, 194 Pa. Super. 626, 169 A.2d 305. Claimant reported on November 1, 1960, but did not report thereafter until January 11, 1961, which was beyond the sixty-day period. At the hearing he testified as follows: "I misunderstood I guess and it would by my fault". As we have repeatedly stated, the provisions of the statute are mandatory. See Peluso Unemployment Compensation Case, 196 Pa. Super. 526, 175 A.2d 9232 .
Decision affirmed.
MONTGOMERY, J., concurs in the result.