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WILLIAM B. MENGES v. COMMONWEALTH PENNSYLVANIA (11/05/82)

dedided: November 5, 1982.

WILLIAM B. MENGES, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of William B. Menges, Jr., No. B-184380.

COUNSEL

Mark Woodbury, III, Wolfson & Woodbury, for petitioner.

William J. Kennedy, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 69 Pa. Commw. Page 550]

Claimant appeals to this Court to reverse the determination of the Unemployment Compensation Board of Review (Board) that he is ineligible for benefits under Section 402(a) of the Unemployment Compensation Law (Law),*fn1 because he refused to accept a referral of suitable employment.

Claimant was laid off from his job as a truck driver in January, 1980. The following March the Bureau of Employment Security (Bureau) referred him to A. D. Frey (employer), which had an available position for a truck driver. Without investigating the terms and conditions of the prospective employment, claimant refused the referral, ostensibly because he had a back condition and felt that his back could not withstand the lifting that would probably be required

[ 69 Pa. Commw. Page 551]

    of him. Thereafter, the Bureau terminated his benefits; upon appeal, that decision was affirmed by both the referee and the Board.

The pertinent findings of fact made by the Board can be summarized as follows:

(a) the Bureau referred claimant to a local concern for possible employment as a truck driver.

(b) the claimant refused the offer of prospective employment because he felt that he would be required ...


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