25 Pa. Commw. 588 | Pa. Commw. Ct. | 1976
Opinion by
This is an appeal by Hayden McGuire (claimant) from an order of the Unemployment Compensation Board of Review affirming a referee’s decision denying unemployment compensation benefits to claimant for having voluntarily quit work without cause of a necessitous and compelling nature.
' ‘ - Aprib'22 — $21.78 for a half-day’s work
April' 28 — $43.20 for a full day
April 24 — $24.66 for a half day
May 1 — $25.30 for a half day
On May 3, 1975, claimant informed Bero that he was terminating his employment. The Bureau of Employment Security determined that claimant left work with good cause and therefore remained eligible for unemployment compensation. The referee, after conducting a hearing,*found that the claimant had voluntarily terminated his employment without cause of a necessitous and compelling nature and reversed the Bureau’s award of benefits to the claimant. The Board affirmed the referee; this appeal followed.
In an unemployment compensation case the burden is upon the claimant to prove that a voluntary termination of his employment was for a cause of a necessitous and compelling nature. Unemployment
However, our review of the record herein compels us to remand for further consideration. At the time of the Board’s decision, it did not have the benefit of Unemployment Compensation Board of Review v. Fabric, 24 Pa. Commonwealth Ct. 238, 354 A.2d 905 (1976), where we held that when a claimant voluntarily leaves part-time employment he is rendered ineligible for further benefits only to the extent that his benefits were decreased by virtue of his part-time earnings.
The lack of a finding concerning the remuneration claimant could have expected makes it necessary for us to remand the case. As Judge Kramer, stated in Unemployment Compensation Board of Review v. Fabric, supra:
“The term ‘unemployment’ is defined by Section 4(u) of the Act, 43 P.S. §753(u) as follows:
“ ‘An individual shall be deemed unemployed . . . (II) with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than his weekly bene,fit rate plus his partial benefit credit.’
“We read this provision together with Section 402(b)(1), to require that the Board establish that a claimant’s actual benefits would be increased by virtue of the loss of a part-time job. In other words, the part-time job must have yielded income in excess of the partial benefit credit (and thus decreased the amount of the weekly benefits payable) before a claimant can be denied any benefits because of a voluntary separation. Under the statutory definition, a claimant is only ‘unemployed’ due to his voluntary separation to the extent of the wages he, was earning; and we see no provision in the Act which requires or authorizes the Board to deny all of the claimant’s
If, upon remand, it is determined that the claimant’s work at Bero wonld have yielded income in excess of the claimant’s weekly benefit rate plus his partial benefit credit, then he is ineligible for further compensation. If, however, it is determined that his expected income wonld have been less than his weekly benefit rate pins his partial benefit credit, then he is eligible for the difference.
Therefore we enter the following:
Order
And Now, this 21st day of July, 1976, the, record herein is remanded to the Board for a determination of the income the claimant wonld have received in his employment with Bero Trucking, Inc. had he not quit without good cause, and thereafter the case is to be decided in a manner not inconsistent with this opinion.
Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b) (1).
Claimant .received $103 in . weekly benefits plus $8 in dependency. allowance.......
A full day consisted of two round trips.
See also Snyder Unemployment Compensation Case, 194 Pa. Superior Ct. 622, 626, 169 A.2d 578, 580 (1961).