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HELENA SMOGORZEWSKI v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (04/15/75)

decided: April 15, 1975.

HELENA SMOGORZEWSKI, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Helena Smogorzewski, No. B-120225.

COUNSEL

Lawrence L. Kinter, with him McNelis, Lucht & Kinter, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Wilkinson

[ 18 Pa. Commw. Page 337]

The facts in this unemployment compensation case are essentially the same as the facts in Kownacki et al. v. Unemployment Compensation Board of Review, 18 Pa. Commonwealth Ct. 309, 335 A.2d 868 (1975), handed down herewith, with one significant difference -- here, in addition to all the claims asserted by the claimants in the companion cases indicated above, claimant-appellant asserts that the Board of Review erred in finding she was notified by the employer of the job positions available. We disagree and affirm the Board.

Claimant-appellant, a woman who was at the time 45 years of age, weighed 125 pounds and had worked for her last employer for seven years. Under the identical circumstances of the companion cases, other than with regard to notice of the availability of work, the Bureau of Employment Security found in favor of claimant-appellant. The referee reversed the Bureau, found claimant-appellant to be ineligible, and denied the claim. On appeal, the Board of Review designated a hearing officer to take additional testimony. With the benefit of the additional testimony, the Board of Review affirmed the referee.

The opinion in the companion cases is controlling here, but we must, in addition, dispose of the claim that the referee's finding No. 4, adopted by the Board, was not supported by the record:

"4. Either by way of vacancies or the assertion of seniority continuing work was also available to the claimant in utility job classifications of cutter, sheet finishing, and in the embossing-rewinding department, the claimant having been advised of the work available by the employer's letter of September 11, 1973."

Clearly the record does support this finding.

First, in the statement of claimant filed on October 1, 1973, she stated she was offered the job of semi-truck driver. Noted on the face of the Summary of Interview on October 15, 1973, claimant-appellant added:

[ 18 Pa. Commw. Page 338]

"Yes, I agree I was offered these jobs and am physically unable to do them. Was offered cutter utility, sheet finishing utility and ...


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