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VERNA M. CRAIG v. COMMONWEALTH PENNSYLVANIA (03/15/82)

decided: March 15, 1982.

VERNA M. CRAIG, 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 Verna M. Craig, No. B-191761.

COUNSEL

Raymond H. Bogaty, Bogaty, McEwen & Sparks, for petitioner.

Steven J. Neary, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish and Judges Rogers and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 65 Pa. Commw. Page 306]

This is an appeal by Verna M. Craig (Claimant) from a decision by the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits pursuant to Section 401(d)(1) of the Unemployment Compensation Law (Law).*fn1 We vacate and remand.

Claimant was employed as a $6.58 per hour burner assembler by I.T.T. Reznor (Employer) for six months prior to her layoff on April 15, 1980. Immediately after being placed on layoff status by Employer, Claimant filed for and began receiving unemployment compensation benefits. Claimant continued to receive benefits until November, 1980, when they were denied for the compensable week ending November 15, 1980,

[ 65 Pa. Commw. Page 307]

    and subsequent weeks, because Claimant stated that she would not accept a job with a starting wage of less than $6.58 per hour, a condition which was considered to be an undue limitation on her availability for suitable employment. When Claimant disputed the denial of benefits, a referee's hearing was held at which Claimant testified:

QR: Now the record indicates that you would not consider any job which paid less than $6.58 an hour is that true?

AC: Well, this is the first time I had ever worked away from home so I really had no idea when I was going, I made that statement from the fact that I had talked to the people who had been unemployed before. I really didn't know what my rights were as far as accepting or refusing a job. I more or less responded on hearsay.

QR: What would you be willing to work for?

AC: Well if it was in a reasonable distance I think I would have considered the $5.75 that he had mentioned. But he didn't actually tell me there was a job ...


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