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JAMES A. MCCURDY v. COMMONWEALTH PENNSYLVANIA (03/30/82)

decided: March 30, 1982.

JAMES A. MCCURDY, 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 James A. McCurdy, No. B-186797.

COUNSEL

Robert C. Schollaert, for petitioner.

Charles G. Hasson, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Rogers

[ 65 Pa. Commw. Page 503]

James A. McCurdy appeals from the denial by the Unemployment Compensation Board of Review of his

[ 65 Pa. Commw. Page 504]

    claim for benefits on the ground that he was not able and available for suitable work as required by Section 401(d) of the Unemployment Compensation Law,*fn1 43 P.S. ยง 801(d) which provides:

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

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

McCurdy was employed for some ten of his sixty years as a rural mail carrier in the environs of Chambersburg, Pennsylvania where his duties primarily involved driving an automobile and delivering the mail. On August 21, 1979 he was told by his supervisor that it had come to the supervisor's attention that the claimant was suffering from periods of unconsciousness and was, in an attempt to treat this condition carrying bottled oxygen in his delivery vehicle. The claimant was then instructed not to return to his duties until he obtained a physician's certificate that his medical condition did not preclude the safe operation of a motor vehicle. Unable to procure such a certificate the claimant did not return to work. Mr. McCurdy's claim for benefits was disapproved by the Bureau of Employment Security and he appealed.

At an evidentiary hearing conducted by a referee on February 14, 1980, the claimant testified that his recurring periods of unconsciousness continued unabated despite the discontinuance of his work activities. A physician's certificate was introduced into the record in which a Dr. S. W. Dittmar asserted that the claimant was ...


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