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PALOVICH UNEMPLOYMENT COMPENSATION CASE. (12/14/60)

December 14, 1960

PALOVICH UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 151, April T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-55574, in re claim of Mihailo Palovich. Decision affirmed.

COUNSEL

Andrew J. Gleason, with him Joseph F. O'Kicki, and Gleason & Krumenacker, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Montgomery

[ 194 Pa. Super. Page 199]

OPINION BY MONTGOMERY, J.

Appellant was last employed as a narrow gauge railroad engineer by the Bethlehem Steel Company, Johnstown, Pa. His last day of work was June 8, 1959, after working for the same employer for over 49 years.

On June 8, 1959, appellant began a three-week vacation after informing his supervisor that he desired work of a lighter nature. Upon returning from vacation, claimant did not resume his regular job because he was physically unable to perform the duties required. In fact, he was unable to do any kind of work, according to his own contention, until July 29, 1959, from which date his doctor reported that he could do "light work" such as watchman or janitor.

The appellant applied for unemployment compensation on July 29, 1959, and the Bureau denied it, after concluding that he was disqualified under the provisions of § 402(b) (43 PS § 802) of the Unemployment Compensation Law since he had voluntarily terminated his employment without cause of a necessitous and compelling nature. Appellant appealed; and the Referee reversed and allowed benefits. Employer, Bethlehem Steel Company, then appealed to the Board of Review, which reversed the Referee and held that the appellant could not be disqualified under § 402(b), but it declared

[ 194 Pa. Super. Page 200]

    that he was not eligible to receive benefits under the provisions of § 401(d).

Section 401(d) of the Unemployment Compensation Law requires as a qualification for the receipt of benefits that the employee "... is able to work and available for suitable work. ..."

The purpose of this statutory requirement is to establish that a claimant is actually and currently attached to the labor force. Sturdevant Unemployment Compensation ...


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