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BRANDY FITTERLING v. COMMONWEALTH PENNSYLVANIA (03/07/79)

decided: March 7, 1979.

BRANDY FITTERLING, 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 Brandie Fitterling, No. B-144426.

COUNSEL

Louis M. Shucker, with him Barbara J. Hart, for petitioner.

Michael Klein, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.

Judges Crumlish, Jr., Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 41 Pa. Commw. Page 114]

This is an appeal by Brandy Fitterling (claimant) from a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of unemployment compensation benefits to claimant. The Board denied claimant benefits on the basis of Section 401(d) of the Pennsylvania Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 801(d). We affirm the Board.

At the time claimant applied for unemployment compensation benefits, she had been employed by the Reading School District (district) for three years as

[ 41 Pa. Commw. Page 115]

    a teacher in the district's head start program. Claimant applied for benefits*fn1 on May 24, 1976, her last day of work for the 1975-76 school year having been May 21, 1976.

At that time, claimant filled out an identification questionnaire in which she stated that she expected to return to her teaching job in September, 1976. On June 15, 1976, she filled out a school employee availability questionnaire in which she also expressed an expectation to return to her school job at the end of the summer. Finally, on June 22, 1976, claimant signed a summary of interview form which stated in full:

During the past summer I did not work nor did I make any attempt to find work because I knew I was going back to my school job.

If the office finds me a full time job I probably would not accept. However, if I did accept, I would quit ...


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