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MARGARET ROSENBERGER v. COMMONWEALTH PENNSYLVANIA (08/18/77)

decided: August 18, 1977.

MARGARET ROSENBERGER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Margaret Rosenberger, No. B-132424.

COUNSEL

William D. Hutchinson, for petitioner.

Susan Shinkman, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. Judge Kramer did not participate in this decision. See Pa.R.A.P. 3102(d). Opinion by Judge Blatt.

Author: Blatt

[ 31 Pa. Commw. Page 457]

Margaret Rosenberger (claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision to deny her unemployment compensation. Compensation was denied because the referee found that the claimant had refused a job referral from the Bureau of Employment Security (Bureau) without good cause, grounds for ineligibility under Section 402(a) of the Unemployment Compensation Law*fn1 (Act).

The claimant had worked as a retail clerk for the W. T. Grant Company for a period of eight years, and was laid off due to lack of work in November, 1974, when she applied for full unemployment compensation. On November 12, 1974, she registered with the Bureau's Employment Service and spoke with an employment interviewer, who told her that work as a sales clerk might be available at a local department store but that he would first have to speak to an individual in the store's personnel office. The interviewer called the claimant later that day and informed her that the department store's personnel office was interested in speaking to her and that the store had an opening in the same position that the claimant had held with her former employer. The claimant, however, did not report to the store for the interview as requested, and the Bureau subsequently issued a determination disqualifying her from receiving benefits, pursuant to Section 402(a). The Bureau's adjudication was affirmed

[ 31 Pa. Commw. Page 458]

    by both the referee and by the Board, and this appeal followed.

In unemployment compensation appeals, our scope of review is confined to questions of law and to a determination of whether or not the findings of the compensation authorities are supported by substantial evidence. Unemployment Compensation Board of Review v. Lowell, 24 Pa. Commonwealth Ct. 309, 355 A.2d 616 (1976). Section 402(a) provides in pertinent part:

An 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 . . . .

The claimant argues first that she cannot be permanently denied benefits under Section 402(a) where there is no evidence in the record showing that the interview would have resulted in permanent employment. In effect, the claimant argues here that her disqualification should be only temporary. We disagree. The section clearly renders ineligible any person who, without good cause, refuses either to apply for or accept suitable work, and the record indicates here that the job which the claimant refused to apply for was identical to the one she formerly held and that ...


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