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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. WILLIAM J. VAN TRAVIS (03/30/76)

decided: March 30, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM J. VAN TRAVIS, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of William J. Van Travis, No. B-127049.

COUNSEL

Beverly A. Nelson, for appellant.

Charles G. Hasson, 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

[ 24 Pa. Commw. Page 181]

Appellant worked as an electrical welder at the Philadelphia Naval Shipyard for over thirty-three years until March 21, 1975, at which time the results of a hearing examination disclosed appellant had lost total hearing in his right ear and forty percent of frequency hearing in his left ear. Due to the noise accompanying his position, appellant was unable to continue as a welder.

On March 23, 1975, appellant filed an application for benefits with the Bureau of Employment Security (Bureau). The Bureau rejected appellant's claim on the basis of his voluntary termination of employment and medical unavailability for work. In evaluating the claim, the Bureau sent inquiries to appellant's employer, Department of the Navy, the answers to which are reflected in the following findings of fact by the referee:

"3. Form ES-931 -- Request for Wage and Separation Information -- UCFE, furnished by the Federal Installation, gave as the reason for separation as follows:

'Disability retirement. It was found upon medical examination that the claimant was not able to perform the full duties of his rate. He stated that he did not desire placement in a

[ 24 Pa. Commw. Page 182]

    position more compatible with his physical disabilities.'

"4. Form ES-934 -- Request for Information or Reconsideration of Federal Findings, UCFE, returned by the Federal Installation, in response to the following questions:

1. Please explain: 'He stated that he did not desire placement in a position more compatible with his physical disabilities.' The claimant has stated he was not offered a specific position. That he was placed on a number of 'List which were nonproductive.' ...


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