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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. GLORIA S. WILSON (03/12/76)

decided: March 12, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
GLORIA S. WILSON, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Gloria S. Wilson, No. B-121896.

COUNSEL

Germaine Ingram, with her Harold I. Goodman, for appellant.

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

Judges Kramer, Wilkinson, Jr., and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 24 Pa. Commw. Page 22]

This is an appeal by Gloria Wilson from an order of the Unemployment Compensation Board of Review, dated May 29, 1974, which affirmed a referee's denial of benefits. The only issue is whether Wilson is disqualified from receiving benefits because she limited her availability for work to the hours between 10:00 A.M. to 3:00 P.M., five days per week. We hold that these conditions disqualify Wilson under Section 401(d) of the Unemployment Compensation Law*fn1 and affirm.

On June 1, 1973, Wilson left her employment as a sales clerk because of illness. On September 20, 1973, Wilson notified her employer that she could return to work, but that, for medical reasons, she could only work for five hours per day, between the hours of 10:00 A.M. and 3:00 P.M.*fn2 The employer offered Wilson employment

[ 24 Pa. Commw. Page 23]

    between the hours of 11:00 A.M. and 4:00 P.M., but Wilson refused this offer on the basis of her physician's advice. The referee and the Board found that Wilson's unemployment was a result of her restricted hours of availability and denied benefits.

Our scope of review is limited to determine questions of law, and, absent fraud, a determination of whether the Board's findings are supported by substantial evidence. Myers v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 281, 330 A.2d 886 (1975).

Section 401(d) reads, in relevant part:

"Compensation shall be payable to any employee who is or becomes unemployed, and who . . . [i]s able to work and available for suitable work. . . ."

The cases which have interpreted this language have consistently indicated that the critical question is whether the claimant has so limited availability as to effectively remove himself or herself from the local labor market. Myers, supra; Hunt v. Unemployment Compensation Board of Review, 8 Pa. Commonwealth Ct. 577, 302 A.2d 866 ...


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