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DEREK K. RICKETTS v. COMMONWEALTH PENNSYLVANIA (12/03/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 3, 1982.

DEREK K. RICKETTS, 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 Derek K. Ricketts, No. B-192610.

COUNSEL

Eileen F. Ray, for petitioner.

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

Judges Blatt, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 70 Pa. Commw. Page 240]

Derek K. Ricketts (Claimant) has appealed from an order of the Unemployment Compensation Board of Review (Board) finding Claimant ineligible for benefits from July 5, 1980 to August 12, 1980. We affirm.*fn1

Claimant was last employed by Action Transit (Employer) as a bus driver. His last day of work was June 24, 1980. On or about July 2, 1980, Employer contacted Claimant to offer him work as a bus driver beginning July 7. Claimant and Employer disagree regarding what next occurred, but the Board found as

[ 70 Pa. Commw. Page 241]

    more credible*fn2 the Employer's testimony that Claimant declined the proffered employment. This finding of a refusal clearly supports the Board's conclusion that Claimant is ineligible for benefits under Section 402(a) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(a), due to his failure to accept suitable work without good cause.*fn3

Because we affirm the Board's determination of ineligibility based on Section 402(a), we need not discuss the Board's alternate reason for disqualification based on Section 401(d)(1) of the Law, 43 P.S. § 801(d)(1), the "available for work" provision.

Order

The order of the Unemployment Compensation Board of Review, Decision No. B-192610, dated February 25, 1981, is hereby affirmed.

Disposition

Affirmed.


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