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DEBORAH K. LUCIANO v. COMMONWEALTH PENNSYLVANIA (01/09/86)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: January 9, 1986.

DEBORAH K. LUCIANO, 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 Deborah Luciano, No. B-228873.

COUNSEL

John P. Bogdanovicz, for petitioner.

Michael D. Alsher, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 94 Pa. Commw. Page 128]

A referee's decision denying Deborah K. Luciano benefits was upheld by the Unemployment Compensation

[ 94 Pa. Commw. Page 129]

Board of Review. She appeals; we reverse the Board.

Luciano, a keypunch operator for Proctor Silex in Altoona, was laid off for lack of work. She applied for and received benefits. The Office of Employment Security (OES) twice offered to refer her to available full-time positions for keypunch operators in Altoona, the first time in December 1983 and the second time in January 1984. Both jobs paid a higher salary than Luciano's prior employment. The referee found that she discouraged these referrals because she planned on attending nursing school full-time, commencing in August 1984.*fn1 He concluded that this made Luciano ineligible for benefits under Section 402(a) of the Unemployment Compensation Law (Act)*fn2 for failing to apply for suitable work.

We agree with Luciano's contention that the Board erred in upholding the referee's determination that she was ineligible for benefits under Section 402(a).*fn3

The record reveals that Luciano candidly informed the OES that she would only be available for temporary employment through August 1984, when she intended to return to nursing school full-time.*fn4 This limitation clearly discouraged the two referrals to permanent employment opportunities. It did not, however, amount to a refusal of suitable work referrals, since her plans precluded permanent employment.

[ 94 Pa. Commw. Page 130]

Accordingly, the decision is reversed.

Order

The Unemployment Compensation Board of Review order, No. B-228873 dated March 30, 1984, is reversed.

Disposition

Reversed.


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