Clapp, Jayne and Schettino.
Claimant appeals from a decision of the Board of Review, raising a question involving the construction of the Unemployment Compensation Law.
Claimant was laid off by his employer on September 29, 1956. He received unemployment compensation benefits for the 13 weeks from October 4, 1956, the day he filed his claim for such benefits, to January 3, 1957. On January 3 he had
a stroke and became unable to perform any work for remuneration. This rendered him ineligible for unemployment benefits -- since he was "unable to work," N.J.S.A. 43:21-4(c). At the same time he became eligible for disability benefits under N.J.S.A. 43:21-4(f), referred to herein as section 4(f), a section of the Unemployment Compensation Law (distinguish the Temporary Disability Benefits Law) providing for disability benefits. Accordingly the agency below allowed him benefits under section 4(f). The question raised by this appeal is what is the maximum number of weeks during which benefits are payable under that section to a person in claimant's position.
The agency contends that the present case is controlled by N.J.S.A. 43:21-4(g)(7) and that under that section benefits may be paid claimant for a maximum of 26 weeks after September 29, 1956 (when claimant's unemployment commenced). It allowed him benefits for approximately this period. On the other hand he apparently relies on N.J.S.A. 43:21-3(d)(2), contending, it would seem, that he is entitled to a maximum of 39 weeks of benefits in his benefit year, which commenced on October 4, 1956 (N.J.S.A. 43:21-19(d)). The question therefore is which of these sections , 4(g)(7) or 3(d)(2), applies.
Section 4(g)(7), on which the Bureau relies, provides, so far as pertinent:
"No benefits shall be payable under subsection (f) [ N.J.S.A. 43:21-4(f)] above to any individual:
(7) * * * after the expiration of 26 consecutive weeks during which the individual has been unemployed."
Compare N.Y. Workmen's Compensation Law § 207(1).
Section 3(d)(2), on which the claimant relies, provides, so far as we need deal with it:
"With respect to an individual to whom benefits shall be payable as provided in this section:
(2) No such individual shall be entitled to receive benefits under this Title for more than 26 weeks in any ...