Opinion
Argued September 15, 1978
December 22, 1978.
Unemployment compensation — Fault of employe — Loss of motor vehicle operator's license — Failure to pay judgment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897.
1. A truck driver, who loses his job because of the suspension of his motor vehicle operator's license for failure to satisfy judgment arising out of a vehicle accident, is properly found to be unemployed through his own fault and ineligible for benefits under the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, when no explanation for the failure to pay the judgment was produced by the employe. [390-1]
Argued September 15, 1978, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.
Appeal, No. 984 C.D. 1977, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Curtis Collins, No. B-139519-B.
Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Germaine Ingram, for petitioner.
Reese F. Couch, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.
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 employed 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, 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. Commw. 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.