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Benefits May 12, 2004
PA Women Not Entitled to Sept. 11 Unemployment Compensation
May 12, 2004 (PLANSPONSOR.com) - The economic
decline of an airline industry supplier and the subsequent
job loss for one of its employees was not a direct result of
the September 11 terror attacks and thus does not qualify the
former employee for temporary extended unemployment
compensation.
Reported by Eric Hazard
The Pennsylvania Commonwealth Court, affirming a ruling by the Unemployment Compensation Board of Review, said Sandra Hempfling was not entitled to temporary extended benefits to displaced airline-related workers who had exhausted their regular unemployment provided in an emergency wartime supplemental appropriations act. “We conclude that the claimant did not meet her burden of proof,” penned Judge Renee Cohn, “and that the board committed no error in denying [temporary extended unemployment compensation (TEUC-A)] benefits,” according to a Legal Intelligencer report.
To qualify for the benefits provided under the appropriations act, Hempfling had to prove her separation from her job was at least partially due to one of the following:
- a military conflict with Iraq authorized by Congress;
- the closure of a U.S. airport because of a terrorist act or security measure;
- reductions in service by an air carrier as a result of a terrorist act or security measure.
The three-judge panel ultimately found Hempfling had not proven the economic decline off Spang & Co, her former employer, was not a direct result of the terrorist attacks. Rather, Hempflig opted for a severance package offered when Spang decided to consolidate into one building as a result of slowdown in all technology-related business.