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PAUL R. DONNELLY v. COMMONWEALTH PENNSYLVANIA (01/15/75)

decided: January 15, 1975.

PAUL R. DONNELLY, 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 Paul R. Donnelly, No. B-119953.

COUNSEL

Eugene F. Zenobi, with him Alan N. Linder, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.

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

Author: Mencer

[ 17 Pa. Commw. Page 40]

The single issue in this unemployment compensation appeal of Paul R. Donnelly (claimant) is whether or not

[ 17 Pa. Commw. Page 41]

    his refusal to accept an offer of work disqualifies him from receiving unemployment compensation benefits under Section 402(a) of the Unemployment Compensation Law.*fn1

Section 402(a) provides in pertinent part that "[a]n 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 by the employment office or by any employer . . . ."

Claimant was, in turn, found to be ineligible under this section by the Bureau of Employment Security (Bureau), a referee, and the Unemployment Compensation Board of Review (Board). He now appeals to us.

Claimant's ineligibility for compensation is based on the following findings of fact, made by the referee and adopted by the Board, which we find to be adequately supported by evidence in the record:

"1. The claimant worked for the Aument Brake and Supply, Inc., as a salesman at $160.00 per week for 15 months and his last day of work was January ...


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