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CLARENCE CURRY v. COMMONWEALTH PENNSYLVANIA (01/23/86)

decided: January 23, 1986.

CLARENCE CURRY, 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: Clarence Curry, No. B-236576.

COUNSEL

Martha F. Lindner, Brady, Lindner & Cullen, for petitioner.

No appearance for respondent.

Richard E. Geschke, Jr., with him, Karl A. Fritton, Sprecher, Felix, Visco, Hutchison & Young, for intervenor, Purex Corporation.

Judges Rogers and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 94 Pa. Commw. Page 302]

Clarence Curry (claimant) appeals an order of the Unemployment Compensation Board of Review affirming a referee's denial of benefits. We affirm.

The claimant was employed by Purex Industries Inc. (Purex) as a liquid detergent case stacker from August 19, 1963 through September 30, 1984. He was laid off on August 7, 1984. In a letter dated August 10, 1984, the claimant was recalled by Purex, effective August 20, 1984, to the position of case-dumper, indexer, liquid detergent on the swing shift.

By a letter dated August 16, 1984, the claimant declined the recall for the reason that he was not qualified for such work due to a hearing problem. He did, however, indicate that he could do other work. Purex treated this letter as the claimant's resignation from its employ.

The claimant's application for unemployment compensation was denied by the Office of Employment Security (OES) under Section 402(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b), which declares ineligible persons who voluntarily leave their work without cause of a necessitous and compelling reason.

The claimant appealed pro se stating as his good grounds for leaving the safety factor and additionally a reason based on his religious belief. After hearing a referee found:

4. In a letter dated August 10, 1984 the claimant was recalled to work by Purex Industries Inc., effective August 20, 1984 to the position of Case-Dumper, Indexer, Liquid Detergent on the second shift at $8.31 an hour.

5. In a letter submitted by the claimant dated August 16, 1984 the claimant declined to accept the employer's ...


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