Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Henrietta M. Hoover, No. B-115052-B.
Norman I. White, with him Paul S. Foreman, for appellant.
Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.
Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. President Judge Bowman and Judges Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Crumlish, Jr. did not participate. Opinion by Judge Blatt.
[ 14 Pa. Commw. Page 460]
Henrietta M. Hoover (appellant) was denied unemployment compensation benefits by a referee for ineligibility under Sections 401(d) and 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §§ 801(d) and 802(e). The Unemployment Compensation Board of Review (Board) disagreed with the referee in his conclusion that appellant was ineligible
[ 14 Pa. Commw. Page 461]
for benefits under Section 402(e) of the Law (for wilful misconduct) but affirmed the denial concluding that she was not available for suitable work as required by Section 401(d) of the Law.
Pursuant to a petition for reconsideration, the Board ordered that the case be reopened and that a referee, acting as a Hearing Officer for the Board, conduct a further hearing for the taking of additional testimony. After reconsideration, the Board reaffirmed its decision denying Hoover benefits.
After a careful review of the testimony we find, as did the Board, that the appellant was not guilty of wilful misconduct but that she did fail to make herself available for suitable work. We must, therefore, affirm the denial of benefits.
The Board found as follows:
"1. The claimant was last employed by the Pennsylvania Shoe Company, Altoona, Pennsylvania, for 17 years as an assembler at $2.91 per hour, plus 80% bonus, and her last day of work was May 30, 1972.
"2. The claimant for the last two years has been averaging about four-and-three-quarters ...