Opinion
November 12, 1963.
December 12, 1963.
Unemployment Compensation — Reporting at employment office — Purpose — Appeal pending from adverse decision on question of eligibility — Allegation of claimant that he was misled by employment office employe — Evidence — Unemployment Compensation Law.
1. The primary purpose of the reporting requirement, set forth in § 401(b) of the Unemployment Compensation Law, as amended, is not to facilitate the distribution of compensation, but to enable the unemployed to promptly secure employment if a satisfactory job is available.
2. The fact that an appeal is pending from an adverse decision on the question of eligibility does not excuse a claimant from reporting weekly.
3. In an unemployment compensation case, in which it appeared that claimant, involuntarily retired by his last employer, received one year of unemployment compensation benefits; that on December 5, 1961, he filed for his second year benefits, and, when the bureau advised him that he was ineligible to receive these additional benefits, he appealed its decision; that claimant reported weekly to the local employment office and filed claims for compensable weeks through January 11, 1962, for which weeks he received benefits; that claimant did not report to the employment office from January 11, 1962, until February 26, 1963, three days after his appeal was sustained; that claimant attempted to excuse his failure to report by asserting that on July 11, 1962, he was advised by an employe of the local office that he could report, but it would not do any good; and that the board found that claimant was not misled or prevented from reporting and filing a claim by anyone connected with the employment office; it was Held that claimant was properly denied benefits.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 257, April T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-79487, in re claim of Harry F. Leonhard. Decision affirmed.
Harry F. Leonhard, appellant, in propria persona. Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued November 12, 1963.
This claimant for unemployment compensation was denied benefits by the bureau, the referee and the board because he failed to report at the employment office during the weeks for which he is now seeking compensation.
Leonhard was involuntarily retired by his last employer as of November 30, 1960. Thereafter he received one year of unemployment compensation benefits. On December 5, 1961, he filed for his second year of benefits, and when the bureau advised him that he was ineligible to receive these additional benefits, he appealed its decision. He reported weekly to the local employment office and filed claims for the compensable weeks ending December 14, 1961 through January 11, 1962, for which weeks he has now received benefits. He did not report to the office for employment from January 11, 1962 until February 26, 1963, three days after his appeal was sustained. He now seeks compensation for the weeks ending January 18, 1962, through December 6, 1962, admitting that he did not report at the local employment office during this time as required by § 401(b) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, as amended, 43 P. S. § 801(b).
Leonhard attempts to excuse his failure to report by asserting that on January 11, 1962, he was advised by an employee of the local office that "you can report but it won't do any good." His failure to report displays a lack of appreciation for the primary purpose of the reporting requirement which ". . . is not to facilitate the distribution of compensation, but to enable the unemployed to promptly secure employment if a satisfactory job is available." Franco Unemployment Compensation Case, 195 Pa. Super. 201, 202, 171 A.2d 583 (1961). Furthermore, the board in this case found that the claimant was not misled or prevented from reporting and filing claims by anyone connected with the employment office, a finding that is supported by the record.
"The fact that an appeal is pending from an adverse decision on the question of eligibility does not excuse a claimant from reporting weekly." Whalen Unemployment Compensation Case, 201 Pa. Super. 77, 79, 191 A.2d 742 (1963); Franco Unemployment Compensation Case, supra.
Decision affirmed.