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MONONGAHELA VALLEY HOSPITAL v. COMMONWEALTH PENNSYLVANIA (02/28/86)

decided: February 28, 1986.

MONONGAHELA VALLEY HOSPITAL, INC., 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 April Lamendola, No. B-221275-B.

COUNSEL

Hayes C. Stover, Kirkpatrick, Lockhart, Johnson & Hutchison, for petitioner.

Richard F. Faux, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 95 Pa. Commw. Page 315]

This is an appeal by Monongahela Valley Hospital, Inc. (Employer) from two separate orders of the Unemployment Compensation Board of Review (Board) modifying and affirming a referee's decisions granting partial benefits to April Lamendola (Claimant) for the benefit weeks ending January 22, 1983 and February 5, 1983 respectively.

The Board on appeal made its own findings of fact, the relevant ones reading as follows:

[ 95 Pa. Commw. Page 3161]

. The claimant is employed as a part-time substitute registered nurse for approximately nine and one-half years at a final rate of $10.27 per hour.

2. In the Summer of 1982, the claimant was offered an opportunity to work full-time for the employer and the claimant rejected this offer.

3. In November, 1982, the claimant requested to be transferred to full-time status, but the employer had no such work available and has had no such work for the period through the week involved in this appeal.*fn1

Based upon these findings the Board then determined, inter alia, that Section 402(a)(1) 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(a)(1), was inapplicable to the instant case and hence did not disqualify Claimant from receiving benefits because of Claimant's "request for full-time work in November, 1982."

On appeal to this Court Employer asserts that the Board erred in determining that Claimant was not rendered ineligible for benefits pursuant to Section ...


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