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CLAIM JAMES WRIGHT. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA. JAMES WRIGHT (07/16/76)

decided: July 16, 1976.

IN RE: CLAIM OF JAMES WRIGHT. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA. JAMES WRIGHT, APPELLANT


Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of James Wright, No. B-127562.

COUNSEL

Martha A. Morris, for appellant.

Sandra S. Christianson, Assistant Attorney General, with her Daniel R. Schuckers, Assistant Attorney General, 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 Mencer. Judge Rogers did not participate in the decision in this case.

Author: Mencer

[ 25 Pa. Commw. Page 523]

James Wright (claimant) appeals to this Court from an adjudication of the Unemployment Compensation Board of Review (Board) denying to him unemployment compensation benefits because of its determination that he was in violation of the availability-for-work provisions found in Section 401(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 801(d).*fn1

As applied to claimant, Section 401(d) prohibits him from so restricting his future availability for potential work as to render himself not realistically attached to the labor market. "Section 401(d) seeks

[ 25 Pa. Commw. Page 524]

    to insure that claimants are realistically attached to the labor force; i.e., they are able to do some type of work, and there is reasonable opportunity for securing such work in the vicinity in which they live. Shay Unemployment Compensation Case, 177 Pa. Superior Ct. 294, 111 A.2d 174 (1955)." Unemployment Compensation Board of Review v. Matthys, 24 Pa. Commonwealth Ct. 474, 478, 357 A.2d 230, 232 (1976).

With the foregoing legal principles in mind, we turn to the Board's opinion where it set forth the following findings:

"1. Claimant was last employed as a Delivery Clerk by the Reedman Corporation at a final rate of $4.10 an hour and his last day of work was December 3, 1974.

"2. During the period at issue, the claimant was employed by the Reedman Corporation on a part-time basis and filed partial claims.

"3. When the claimant filed his application for employment with the Reedman Corporation on August 19, 1974, he stated on the application that he was ...


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