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VERONICA RICH v. COMMONWEALTH PENNSYLVANIA (08/06/84)

decided: August 6, 1984.

VERONICA RICH, 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 Veronica Rich, No. B-207725.

COUNSEL

Doris J. Dabrowski, Tabas, Furlong and Rosen, for petitioner.

Richard F. Faux, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Craig

[ 84 Pa. Commw. Page 354]

Claimant Veronica Rich appeals an order of the Unemployment Compensation Board of Review which reversed a referee's decision and denied her benefits

[ 84 Pa. Commw. Page 355]

    pursuant to section 402 of the Unemployment Compensation Law (Law), Act of December 5, 1936, Special Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b) (voluntary quit).

The claimant had been employed at the Albert Einstein Medical Center as a mental health worker at a rate of $604.63 biweekly. The Center abolished that position and offered her a position as a psychiatric aide, which paid $543.43 biweekly. She refused that offer because of the reduction in salary and because of her belief that the position would not properly use her previous training and experience.

The claimant argues in this appeal that: (1) because her position as a mental health worker was abolished, the board erred in concluding that this case was a voluntary quit pursuant to section 402(b) of the Law, 43 P.S. § 802(b), and should have analyzed the claim pursuant to section 402(a) of the Law, 43 P.S. § 802(a) (failure, without good cause, to accept suitable work); and (2) the board erred in concluding that the position as a psychiatric aide was "suitable work."

In Treon v. Unemployment Compensation Board of Review, 54 Pa. Commonwealth Ct. 412, 421 A.2d 525 (1980) (rev'd on other grounds, Treon v. Unemployment Compensation Board of Review, 499 Pa. 455, 453 A.2d 960 (1982)), we held that section 402(b) of the Law, 43 P.S. § 802(b) is applicable when, as here, a claimant is offered and refuses another position in the same company when a present job is terminated. See also Winterle v. Unemployment Compensation Board of Review, 65 Pa. Commonwealth Ct. 486, 442 A.2d 1211 (1982). We will, therefore, affirm the board on that first issue.

As to the suitable work issue, section 402(b) of the Law, 43 P.S. § 802(b) ...


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