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MARY HOMONY v. COMMONWEALTH PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD REVIEW (11/28/73)

decided: November 28, 1973.

MARY HOMONY, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Mary Homony, No. B-114032-B.

COUNSEL

Michael D. Fioretti, with him Lorch, Ryan, Peruto, Vitullo & Tinari, for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 11 Pa. Commw. Page 143]

Mary Homony had been employed by Globe Ticket Company as a rewinder and inspector since 1963. In

[ 11 Pa. Commw. Page 144]

March of 1971, she suffered a back injury which caused her to miss work from March to May and from July 2, 1971, to February 17, 1972, at which time her employment was terminated by her employer. Her termination resulted from her failure to contact her employer during her seven-month absence and was pursuant to a provision in the contract between her union and her employer which called for termination for, inter alia, absence from work due to sickness in excess of seven months. From July to December, 1971, Mrs. Homony received sick benefits from her employer's insurance fund.

Mrs. Homony was denied unemployment compensation benefits as a result of a referee's determination that she had been discharged from her employment for "willful misconduct." The Unemployment Compensation Board of Review (Board) affirmed. Upon request of Mrs. Homony, the Board re-opened her case and held a second hearing before a referee. On November 28, 1972, the Board re-affirmed the original decision and order of the referee. This appeal followed. We affirm.

Our scope of review in unemployment cases is confined to questions of law and, absent fraud, a determination as to whether the Board's findings are supported by the evidence. Questions of credibility and the weight to be given evidence are for the Board to determine. Hinkle v. Unemployment Compensation Board of Review, 9 Pa. Commonwealth Ct. 512, 308 A.2d 173 (1973).

The referee found, inter alia, that Mrs. Homony did not contact her employer during her seven month absence, and more particularly upon the expiration of her sick benefits, to give any information as to whether or not she intended to return to work.

Mrs. Homony does not dispute this or any of the other findings made by the ...


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