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WANDA HOWELL v. COMMONWEALTH PENNSYLVANIA (04/25/80)

decided: April 25, 1980.

WANDA HOWELL, 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 Wanda Howell, No. B-168905.

COUNSEL

William W. Warren, Jr., Dilworth, Paxson, Kalish, Levy & Kauffman, with him, David F. Bianco, Fields & Bianco, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Wilkinson, Jr., Mencer and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 51 Pa. Commw. Page 27]

Wanda Howell (Claimant) has filed this appeal from the order of the Unemployment Compensation Board of Review (Board), which affirmed the decision of the referee denying benefits under Section 402(b)(1) of the Unemployment Compensation Law

[ 51 Pa. Commw. Page 28]

(Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(1).*fn1 We affirm.

Claimant had been employed by Clinical Laboratories of Scranton, Pennsylvania (Employer) as a medical secretary for approximately five (5) years. In late March of 1978, Claimant was in her ninth month of pregnancy and working full time became uncomfortable for her. She worked only part time during the work week of April 3 to April 7 and left her job on April 7, 1978. She had requested a leave of absence, which the Employer was unable to grant due to the nature of the work. Claimant was immediately replaced.

Claimant applied for benefits under the Law on April 21, 1978. The benefit weeks in issue on this appeal are those ending April 8, 1978 and April 15, 1978.

The Bureau of Employment Security (Bureau) denied benefits because Claimant was deemed unavailable for work under Section 401(d) of the Law.*fn2 The determination of unavailability was based on UC-796, Doctor's Certification Form, on which Claimant's

[ 51 Pa. Commw. Page 29]

    physician had estimated that she could work ...


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