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ALICE J. LYMAN v. COMMONWEALTH PENNSYLVANIA (08/15/83)

decided: August 15, 1983.

ALICE J. LYMAN, 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 Alice J. Lyman, No. B-201942.

COUNSEL

Cletus P. Lyman, Lyman and Ash, for petitioner.

John T. Kupchinsky, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Craig

[ 76 Pa. Commw. Page 349]

Alice J. Lyman appeals from an order by the Unemployment Compensation Board of Review, which affirmed a referee's decision denying benefits to the claimant under section 402.1 of the Unemployment Compensation Law,*fn1 which bars an instructional employee in an educational institution from benefits for periods between successive academic years or terms "if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms."*fn2 We affirm.

[ 76 Pa. Commw. Page 350]

Ms. Lyman was last employed by the school district of Philadelphia as a long-term substitute counselor on June 29, 1981, the last day of school before summer vacation. On May 14, 1981, Ms. Lyman had received a letter from the school district informing her that she would be placed on the rolls as a per diem substitute teacher for the 1981-82 school year. The letter also stated:

If you indicate that you are available for continued employment as a per diem substitute teacher, there is reasonable assurance that you will have the same opportunity to perform services for the School District of Philadelphia as in the previous year.

Ms. Lyman testified that she completed the enclosed form indicating her availability.

On June 29, 1981, Ms. Lyman received a second letter from the school district, confirming her new status as a per diem substitute, effective June 30, 1981, and directing her to report to her local district office in the fall.

Ms. Lyman filed for unemployment compensation benefits for the weeks ending July 25 through August 22, 1981; the Office of Employment Security denied her claims on August 31, 1981. On October 14, 1981, the referee affirmed that decision, finding that Ms. Lyman "had no reason to believe that she would not be recalled and had reasonable ...


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