Opinion
April 11, 1961.
June 15, 1961.
Unemployment Compensation — Benefits for second benefit year — Failure to maintain active registration for work — Evidence — Findings of board — Appellate review — § 4(w)(2) of the Unemployment Compensation Law mandatory.
1. The provisions of § 4(w)(2) of the Unemployment Compensation Law are mandatory.
2. Findings of fact by the board, supported by the evidence, are conclusive upon appeal.
3. In an unemployment compensation case, in which it appeared that, on the date when claimant had exhausted his entitlement for the first benefit year, he was admittedly informed that he would have to 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 explaining the provisions of § 4(w)(2); and that there was conflicting evidence as to whether he reported the third time on the last day within the sixty-day period or one day late; it was Held that the issue of fact was for the board to determine and that the board properly disallowed benefits for the second benefit year on the ground that claimant had failed to comply with the active registration requirement of § 4(w)(2).
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 31, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-59943, in re claim of Martin L. Rosemas. Decision affirmed.
Martin L. Rosemas, appellant, in propria persona, submitted a brief.
Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued April 11, 1961.
Martin L. Rosemas was last employed as a motorman by Bethlehem Mines Corporation, Johnstown, Pennsylvania. His final day of work was June 19, 1959, on which date he was laid off. Rosemas thereafter filed an application for unemployment compensation, and received benefits for thirty weeks. On June 20, 1960, 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 February 4, 1960, claimant exhausted his entitlement for the first benefit year by filing a claim for his final compensable week. On that date claimant was admittedly informed that he would have to 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 February 11, 1960, and March 24, 1960. He did not report thereafter until May 24, 1960, which was beyond the sixty-day period.
Claimant contends on this appeal that he actually reported on May 23, 1960, "but the girl at the desk marked the 24th on my card". In his petition for appeal from the Bureau's determination, claimant was not so positive. He therein stated that "the girl at the desk could have made the mistake, not me". At the hearing before the Referee, the testimony of the representative of the local office was unmistakably clear that the date of claimant's report in May was the 24th, and that it "was not within sixty days". At the remand hearing, claimant testified as follows: "She could be wrong — I could be wrong". This issue of fact was for the Board to determine. Its finding is supported by the evidence, and therefore conclusive upon appeal: McGinnis Unemployment Compensation Case, 184 Pa. Super. 95, 132 A.2d 749; Davis Unemployment Compensation Case, 187 Pa. Super. 116, 144 A.2d 452. The provisions of the statute are mandatory: Marinoff Unemployment Compensation Case, 194 Pa. Super. 332, 168 A.2d 606; Donaldson Unemployment Compensation Case, 195 Pa. Super. 243, 171 A.2d 836.
Decision affirmed.