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DAVID DAVIS v. COMMONWEALTH PENNSYLVANIA (02/07/83)

decided: February 7, 1983.

DAVID DAVIS, 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 David Davis, No. B-196168.

COUNSEL

Raymond P. Amatangelo, Brady, Amatangelo & Baisley, for petitioner.

Francine Ostrovsky, Associate Counsel, with her, Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Williams

[ 71 Pa. Commw. Page 586]

This is an appeal from an order of the Unemployment Compensation Board of Review (Board) affirming the decision of the referee denying unemployment compensation to the claimant. The claimant was denied unemployment compensation under Section 402(a) of the Unemployment Compensation Law (Law),*fn1 which provides, inter alia, that an employee is ineligible for compensation for any week in which his unemployment is due to his failure, without good cause, to accept suitable work.

David Davis, the claimant, was last employed as a deck hand by Ohio Barge Lines, at a pay rate of seventy-five dollars ($75.00) per day. Prior to this employment with Ohio Barge the claimant had been employed by Baptist Homes as a laundry worker from September, 1971, until July, 1980, at a final pay rate of four dollars and twenty cents ($4.20) per hour. In July, 1980, the claimant left the employ of Baptist Homes to accept employment with Ohio Barge Lines. On December 13, 1980, after six months of employment with Ohio Barge, the claimant was permanently separated.

On January 25, 1981, the claimant filed an application for unemployment compensation because of his

[ 71 Pa. Commw. Page 587]

    permanent separation from Ohio Barge. As the circumstances involved in that separation were not considered disqualifying for purposes of the Unemployment Compensation Law, the claimant received unemployment compensation for the waiting week ending January 31, 1981, through the compensable week ending March 14, 1981.

Upon learning that the claimant had been separated from his position with Ohio Barge, Baptist Homes sent the claimant a letter wherein it offered the claimant his former job with the rate of pay of four dollars and twenty cents ($4.20) per hour. The claimant refused to retake the laundry worker position, asserting that: (1) the salary was insufficient and substantially below the abilities and previous work experiences the claimant obtained while working for Ohio Barge, (2) the cost of transportation was too high for the prospective wages, and (3) the improbability of any real career advancement at Baptist Homes. On March 23, 1981, the Office of Employment Security (OES) found the claimant ineligible for benefits under the provisions of Sections 401(d)(1)*fn2 and 402(a) of the Law because he refused re-employment with Baptist Homes.

Upon appeal and after a hearing the referee issued a decision affirming the determination of the OES in part and reversing in part. The referee found the claimant ineligible pursuant to the provisions of section 402(a) of the Law, not under section 401(d)(1). Upon further appeal the Board issued a decision affirming the referee's decision, thereby ...


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