86 Pa. Commw. 293 | Pa. Commw. Ct. | 1984
Opinion by
Russell L. Swaekhammer, Hazel D. Ellenberger and Cynthia Lynn Floravit (Claimants) appeal from Unemployment Compensation Board of Review decisions which affirmed a referee’s determinations that Claimants were financially ineligible for benefits under Section 404 of the Unemployment Compensation Law (Law).
The sole question is whether workmen’s compensation benefit payments were improperly excluded
Claimants had insufficient base year wages under Section 404, because the referee (as affirmed by the board) determined that Claimants’ workmen’s compensation benefit payments were not wages within the intendment of Section 4(x) of the Law,
Section 4(x) defines “wages,” in pertinent part, as including “all remuneration . . . paid by an employer to an individual with respect to his employment.” Essential to the definition of “wages” as including all remuneration paid with respect to employment is the meaning of the terms ‘ employment ’ ’ and “remuneration.” “Employment” means “all personal service performed for remuneration,” Section 4(1) (1) of the Law,
In Karamanian v. Unemployment Compensation Board of Review, 46 Pa. Commonwealth Ct. 163, 405 A.2d 1364 (1979), employer provided salary continuation payments, which were made on account of a Claimant’s disability, and, therefore, not in consideration of personal services performed, were held not to constitute wages under Section 4(x) of the Law. Workmen’s compensation benefits are awarded whenever an employee sustains a totally or partially disabling work-related injury.
We accordingly affirm the orders of the board.
Order in 309 C.D. 1983
And Now, this 5th day of December, 1984, the order of the Unemployment Compensation Board of Review at Decision No. B-213558, dated January 12, 1983, is affirmed.
Order in 1025 C.D. 1983
And Now, this 5th day of December, 1984, the order of the Unemployment Compensation Board of
Order, in 1212 O.D. 1983
And Now, this 5th day of December, 1984, the order of the Unemployment Compensation Board of Review at Decision No. B-217765, dated May 3, 1983, is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §804.
Section 4(a) of the Law, 43 P.S. §753(a), defines “base year” as including the first four of the last five completed calendar quarters preceding the first, day of a claimant’s benefit year. The fifty-two consecutive week period, beginning with the day on which a benefit application is filed, constitutes a “benefit year.” Section 4(b) of the Law, 43 P.S. §753(b).
43 P,S. §753(x).
43 P.S. §753(1) (1).
See Section 306(a) and (b) of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§511 and 512 (total and partial disability provisions, respectively).