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MARGARET M. BLEDSOE v. COMMONWEALTH PENNSYLVANIA (04/05/74)

decided: April 5, 1974.

MARGARET M. BLEDSOE, 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 Margaret M. Bledsoe, No. B-117479.

COUNSEL

Michael J. Pepe, Jr., for appellant.

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

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

Author: Mencer

[ 13 Pa. Commw. Page 35]

This is an appeal by Margaret M. Bledsoe from an order of the Unemployment Compensation Board of Review (Board) denying her unemployment compensation benefits.

Mrs. Bledsoe had been employed by Denton Plastic Products Corporation as a machine operator. Her last working day was December 8, 1972, at which time she voluntarily terminated her employment for health reasons.

Mrs. Bledsoe's application for unemployment compensation benefits was denied by the Bureau of Employment Security (Bureau). She appealed from this determination, and a hearing was held before a referee who subsequently denied compensation on the ground that she was not available for work and therefore not eligible to receive compensation under Section 401(d) of the Unemployment Compensation Law.*fn1 This section provides in part:

"Compensation shall be payable to any employe who is or becomes unemployed, and who

"(d) Is able to work and available for suitable work. . . ." The determination of the referee was affirmed by the Board, and this appeal then followed.

[ 13 Pa. Commw. Page 36]

Our scope of review in this type of case is confined to questions of law and, absent fraud, a determination as to whether the Board's findings are supported by the evidence. Shira v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 457, 310 A.2d 708 (1973).

Mrs. Bledsoe first argues that the Board's findings of fact are not supported by substantial ...


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