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SHIRLEY A. WING AND ALICE M. KING v. COMMONWEALTH PENNSYLVANIA (10/29/81)

decided: October 29, 1981.

SHIRLEY A. WING AND ALICE M. KING, APPELLANTS,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



No. 112 W.D. Misc. Dkt. 1981, No. 81-1-34-35 Appeals from the Order of the Commonwealth Court in Nos. 789 C.D. 1979 and 803 C.D. 1979, Feb. 26, 1981,

COUNSEL

Charles J. Duke, Bradford, for appellant at No. 34.

Niles Schore, Keystone Legal Services, Inc., Bloomsburg, for appellant at No. 35.

John T. Kupchinsky, Assoc. Counsel, Richard Wagner, Counsel, Richard L. Cole, Jr., Chief Counsel, Dept. of Labor & Industry, Harrisburg, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Roberts, J., concurs in the result. Wilkinson, J., did not participate in the consideration or decision of this case.

Author: Larsen

[ 496 Pa. Page 114]

OPINION

These cases, consolidated for appeal, present the same question: whether, in unemployment compensation proceedings, issues not raised by the employer before lower tribunals are waived.

[ 496 Pa. Page 115]

In these cases, claimants were informed that their employment was terminated and they applied for unemployment compensation benefits to the Bureau of Employment Security (hereinafter "Bureau"). In response to the Bureau's request for separation information, claimants' employers sent the Bureau a form which stated the following grounds for denying benefits:

[Shirley Wing] [r]efused to return to work when she was requested and needed. Miss Wing was not on vacation . . . .

/s/ Brown's Boot Shop, Inc.

Alice [King] was on Sick leave from 3-17-78 thru 6-1-78. She did not return to work ...


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