41 Pa. Commw. 137 | Pa. Commw. Ct. | 1979
Opinion by
Vladimiros Nikolaidis, who has been a resident of New York since about December 1, 1975, has pursued his applications for unemployment compensation with the Pennsylvania authorities and his appeals from determinations thereon without the help of legal counsel. ■The matter now before this Court is his appeal from a decision of the Unemployment Compensation Board of Review affirming a referee’s decision that he is ineligible for benefits under the Extended Benefits Program described in Article IV-A of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess. P.L. (1937) 2897, as amended, 43 P.S. §§811 through 818.
The claimant was employed in Pennsylvania from February 8,1973 until August 23,1975 when he left his work in circumstances which rendered him ineligible for unemployment compensation; that is, he quit to visit for awhile in his native Greece. He returned from Greece sometime before December 1, 1975 and went to New York City and obtained a full-time job there on or about December 1,1975. On December 22,1975 he was injured in an accident not connected with his employ
On January 11, 1976, while he was disabled, the claimant applied for Pennsylvania unemployment compensation benefits. The Bureau of Employment Security provided him a writing titled “Notice of Financial Determination” on which was recorded that by reason of his employment in Pennsylvania from February 1973 until August 1975 he was eligible for Pennsylvania benefits; that his benefit year would end January 8,1977; and that he might receive a total of $2610 in unemployment compensation at the rate of $87.00 per week. This form bore on the top just beneath its title the following inscription: “This determination does not entitle the claimant to benefits — benefits are paid only for valid weekly claims.” The Bureau declared the claimant to be ineligible for weekly benefits from January 11, 1976 and until January 31, 1976 because by reason of his disability he was unavailable for suitable work as required by Section 401(d) of the Act, 43 P.S. §801 (d). The Bureau determined that he continued to be ineligible from January 31, 1976 until July 17,1976 because, as it will be remembered, his employment in Pennsylvania was terminated under disqualifying conditions and it was not until the latter date that he earned remuneration for services in an amount equal to or in excess of six times his weekly benefit rate as required in such case by Section 401(f) of the Act, 43 P.S. §801(f). The Interstate Notice of Determination sent to the claimant with respect to his ineligibility for this reason refers to claims for weeks “1-31-76 thru 5-29-76. ’ ’ The form also advises readers in a prominent place that the determination applies to all claims listed and “will apply to all future claims if the facts do not change*”
The claimant ascribes his refusal to apply for New York benefits to the assertedly wrongful denial by Pennsylvania of Pennsylvania benefits. He persists in two misconceptions in this regard. The first is that the determination that he was entitled to a total amount of $2610 during his benefit year meant that Pennsylvania was required to pay him that amount of money and that it failed to do so having begun to pay compensation only on July 17, 1976 and having stopped them at the end of his benefit year on January 8, 1977. Not only does Section 404(e)(1) of the Act, 43
Order affirmed.
Order
And Now, this 9th day of March, 1979, the Board of Review’s decision and order made October 31, 1977 is affirmed.