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STEPHEN GRCICH v. COMMONWEALTH PENNSYLVANIA (02/04/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 4, 1982.

STEPHEN GRCICH, 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 Stephen J. Grcich, No. B-168398-B.

COUNSEL

Charles Skomski, for petitioner.

Charles Hasson, Associate Counsel, with him Karen Durkin, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Mencer

[ 64 Pa. Commw. Page 429]

On January 25, 1979, the Unemployment Compensation Board of Review (Board) affirmed a referee's decision granting unemployment compensation benefits to Stephen Grcich (claimant). The Corning Glass Works (employer) petitioned the Board for reconsideration of its January 25, 1979 decision.*fn1 The Board granted this request and vacated its prior order. Without taking additional testimony, the Board issued a decision on May 16, 1979 denying benefits to claimant.

In Grcich v. Unemployment Compensation Board of Review, 58 Pa. Commonwealth Ct. 62, 427 A.2d 299 (1981), we remanded this case to the Board for the specific purpose of allowing the record to reflect the reasons for the Board's reconsideration of its decision of January 25, 1979, so that we might properly exercise our appellate role to oversee abuses of discretion. In

[ 64 Pa. Commw. Page 430]

Therefore, we hold that, under the circumstances of this case, the Board abused its discretion in granting a reconsideration of its January 25, 1979 decision and that the Board's order of May 16, 1979 reversing the referee must be reversed.

In examining the record as it existed at the time of the Board's first consideration of the matter, we find sufficient evidence to suport the referee's decision and the Board's initial affirmance thereof. We therefore conclude that claimant is entitled, as a matter of law, to receive benefits. See Flanagan.

Order

And Now, this 4th day of February, 1982, the order of the Unemployment Compensation Board of Review, dated May 16, 1979, reversing the referee's award of unemployment compensation benefits to Stephen Grcich, is hereby reversed, and the case is remanded to the Office of Employment Security for a computation of benefits to be paid to Stephen Grcich.

Judge Palladino did not participate in the decision in this case.

Disposition

Reversed and remanded.


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