Kear v. Commonwealth

Opinion by

Judge DiSalle,

This is an appeal by Philip Kear (Claimant) from an order of the Unemployment Compensation Board of Review (Board) disallowing his appeal from a referee’s denial of benefits. The case was originally heard by a three-judge panel and was subsequently re-argued before the Court en Bane.

For purposes of this appeal, Claimant last worked on December 31, 1971. The following month, he went to the local office of the Bureau of Employment Security (Bureau) to apply for benefits. Although he was in fact eligible, a Bureau employee told him he was not, and refused to allow him to…