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RAISKIN UNEMPLOYMENT COMPENSATION CASE. (04/16/58)

April 16, 1958

RAISKIN UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 149, Oct. T., 1958, by claimant, from decision of Unemployment Compensation Board of Review, December 20, 1957, No. B-46255, in re claim of Anna W. Raiskin. Decision affirmed.

COUNSEL

Edmund P. Hannum, for appellant.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 186 Pa. Super. Page 38]

OPINION BY WOODSIDE, J.

This is an unemployment compensation case in which the claimant was denied compensation because she refused employment as a typist.

Section 402(a) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, 43 PS § 802(a) provides that "An employe shall be ineligible for compensation for any week - (a) In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him..."

"Suitable work" is defined to mean "all work which the employe is capable of performing. In determining whether or not any work is suitable for an individual,

[ 186 Pa. Super. Page 39]

    the department shall consider the degree or risk involved to his health, safety and morals, his physical fitness, prior training and experience, and the distance of the available work from his residence. The department shall also consider among other factors the length of time he has been unemployed and the reasons therefor, the prospect of obtaining local work in his customary occupation, his previous earnings, the prevailing condition of the labor market generally and particularly in his usual trade or occupation, prevailing wage rates in his usual trade or occupation, and the permanency of his residence." Section 4(t) of the Unemployment Compensation Law, supra, 43 PS § 753(t).

The claimant had registered as a typist and bookkeeper with Manpower, Inc., a corporation engaged in the business of supplying various services, including temporary clerical and office employees to other individuals, firms and organizations. She accepted two short assignments as a typist. She then accepted a position as a bookkeeper earning $1.75 per hour. Subsequently, she received a position as a bookkeeper at $2 per hour. After three months she left this employment to have a surgical operation. When she was able to return to work, she registered for employment, and eight days later was offered an assignment by Manpower, Inc. as a typist at $1.30 per hour. She refused to accept the proffered employment because she desired to do bookkeeping.

The only question presented to us is whether she is barred from receiving unemployment compensation because of a refusal to accept suitable work. The bureau held she was not entitled to compensation; the referee held she was; the board reversed the order of ...


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