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FELIKS FRENKEL v. COMMONWEALTH PENNSYLVANIA (04/27/81)

decided: April 27, 1981.

FELIKS FRENKEL, 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 Feliks Frenkel, No. B-172560-B.

COUNSEL

Andrew F. Erba, for petitioner.

William J. Kennedy, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

Judges Mencer, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge MacPhail. Judge Wilkinson, Jr. did not participate in the decision in this case.

Author: Macphail

[ 59 Pa. Commw. Page 25]

This is an appeal by Feliks Frenkel (Claimant) from an order of the Unemployment Compensation Board of Review (Board) affirming the referee's decision disqualifying Claimant from receiving benefits under the provisions of Section 401(d) of the Unemployment Compensation Law (Act).*fn1 Section 401(d) of the Act provides that:

[ 59 Pa. Commw. Page 26]

Compensation shall be payable to any employee who is or becomes unemployed and who --

(d) Is able to work and available for suitable work. . . .

The Board made the following findings of fact:

1. The claimant was last employed by Food Fair as a part-time cashier for seven months until February 2, 1979, when his last salary was $5.58 an hour; the claimant was separated from his last employment for reasons not at issue in this appeal.

2. The claimant is a full-time student at the University of Pennsylvania.

3. The claimant is attending school Monday through Friday, 9:00 ...


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