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KEVIN WALTERS v. COMMONWEALTH PENNSYLVANIA (06/04/82)

decided: June 4, 1982.

KEVIN WALTERS, 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 Kevin Walters, No. B-183075.

COUNSEL

No appearance for petitioner.

Charles G. Hasson, Associate Counsel, with him Richard Wagner, Counsel, and 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 Blatt. Judge Mencer did not participate in the decision in this case. Concurring Opinion by Judge Rogers.

Author: Blatt

[ 67 Pa. Commw. Page 76]

Kevin Walters (claimant) appeals from an order of the Unemployment Compensation Board of Review

[ 67 Pa. Commw. Page 77]

(Board) affirming a referee's determination that he was ineligible for unemployment compensation benefits because he was not available for suitable work as required under Section 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. ยง 801(d).

The claimant was employed as a laborer by Halloway Construction Company (employer) from May or June 1978 until September 1978 and from May 1979 until he was laid off on August 31, 1979. He testified that he attended college on a part-time basis, commencing in the January 1979 semester, during which he carried seven credits. Subsequent to being laid off in August, he carried ten credits and from September through December attended classes on Mondays, Wednesdays and Fridays from 8:00 a.m. until 12:00 noon. In January 1980, he undertook to carry seven credits and attended school five days a week: Mondays from 12:00 noon until 4:00 p.m.; Tuesday and Thursday from 8:00 a.m. until 9:15 a.m.; and Wednesday and Friday from noon until 1:00 p.m.

In affirming the referee, the Board, as the ultimate factfinder, Rodriguez v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 65, 408 A.2d 1191 (1979), made the following findings:

5. The claimant is 19 years of age, single, lives alone and has no dependents.

6. The claimant is primarily a student rather than an unemployed worker.

7. The claimant was not able and available to accept suitable work during ...


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