Malloy Unemployment Compensation Case
Malloy Unemployment Compensation Case
Opinion of the Court
Opinion by
James A. Malloy was last employed as a locomotive brakeman by the Mathies Coal Company, Library, Pennsylvania. His final day of work was May 13, 1960, on which date he had a valid separation. Malloy thereafter filed an application for unemployment compensation, and received benefits for thirty weeks. On May 26, 1961, 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,
Claimant’s contention is that he became ill, and was under the care of a physician. It appears from the medical certificate that claimant was suffering from mental depression. However, he was not bedfast, and made regular visits to the Centerville Clinic in California, Pennsylvania. This appeal is ruled by Caruso Unemployment Compensation Case, 195 Pa. Superior Ct. 250, 171 A. 2d 533, wherein we said: “If the Board’s insistence upon strict compliance with the language of the statute is oppressive and creates hardship, the remedy must be accomplished by the legislature. We have repeatedly stated that the provisions of Section 4(w) (2) are mandatory”.
Decision affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.