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SMITH v. UN. COMP. BD. OF REV.

No. 3415 C.D. 1983.

92 Pa.Commw. 511 (1985)

Jimmie Lee Smith, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

October 30, 1985.

Attorney(s) appearing for the Case

Edith Benson, with her, Nancy S. Thomson, for petitioner.

Barry M. Hartman, with him, Jonathan Zorach and Michael D. Alsher, Associate Counsels, and Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Argued September 11, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

OPINION BY JUDGE CRAIG, October 30, 1985:

This unemployment compensation appeal, pursuant to argument specially ordered before the court en banc, requires that the court clarify the principles which govern this question:

When an unemployment compensation claimant has failed to reveal to the compensation authorities his earnings from part-time employment during the period for which he seeks compensation...

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