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LAWRENCE T. FOTI v. COMMONWEALTH PENNSYLVANIA (06/19/81)

decided: June 19, 1981.

LAWRENCE T. FOTI, 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 Lawrence T. Foti, No. B-178092.

COUNSEL

Lawrence T. Foti, petitioner, for himself.

Stephen B. Lipson, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

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

Author: Palladino

[ 60 Pa. Commw. Page 129]

This is an appeal from a Decision and Order of the Unemployment Compensation Board of Review (Board) which found Lawrence Foti (Claimant) to be ineligible for unemployment compensation benefits for the claim weeks ending July 21, 1979, and July 28, 1979, pursuant to the disqualifying provisions of Sections 402.1(1)*fn1 and 401(d) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยงยง 802.1(1), 801(d). We will affirm in part and reverse in part.

During the 1978-79 school year Claimant was employed as a long-term substitute school teacher by the Rose Tree Media School District (district). Claimant subsequently became unemployed with the beginning of the 1979 summer recess, and on July 15, 1979, filed an application for unemployment compensation benefits with the Bureau, now Office, of Employment Security. This application was denied, and Claimant appealed to a referee. A referee's hearing was conducted on September 19, 1979, and from the evidence adduced at that hearing the referee made the following pertinent findings of fact:

3. Claimant received notice from his employer that work would be available for him during the 1979-80 school year as a Per Diem Substitute Teacher.

4. In July, 1979, claimant became aware that an opening existed with the Rose Tree Media School District for a Long Term Social Studies Teacher and, he made application for this position.

5. On July 27, 1979 the claimant was informed that he was hired officially at an annual

[ 60 Pa. Commw. Page 130]

    salary rate of $13,739.00 for the 1979-80 school year, to start effective September 4, 1979.

6. Claimant did return to work with the Rose Tree Media School District on September 4, 1979 as a ...


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