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JOHN VICINI v. COMMONWEALTH PENNSYLVANIA (07/31/86)

decided: July 31, 1986.

JOHN VICINI, 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 John A. Vicini, No. B-238159.

COUNSEL

John A. Vicini, petitioner, for himself.

James K. Bradley, Associate Counsel, with him, Paul E. Baker, Acting Deputy Chief Counsel, for respondent.

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

Author: Colins

[ 99 Pa. Commw. Page 366]

John Vicini (petitioner), a pro se litigant, appeals an order of the Unemployment Compensation Board of Review (Board) which affirmed, and modified, a referee's decision to deny petitioner Federal Supplemental Compensation.

Petitioner was employed for six (6) years with Schenley Distilleries, as a shipper, until they ceased operations in December, 1982. Petitioner began receiving benefits in September, 1983. On July 23, 1984, the Office of Employment Security (OES) issued a Notice of Determination denying benefits under Section 402(a).*fn1 The OES determination was affirmed by a referee on August 28, 1984. On February 20, 1985, the Board affirmed and modified the referee's decision to deny benefits.*fn2

On July 9, 1984, petitioner searched the "job bank" at the local OES and came across an opening for a word processor operator with Marsetta Lanes. Petitioner had recently completed some computer courses, and felt that he might qualify for this position. Upon his own initiative and insistence, petitioner managed to have OES arrange an interview for him.

The interview was scheduled for July 12, 1984, at 3:00 p.m., at Marsetta's Allegheny County office. The Allegheny office is Marsetta's main office, with the employment

[ 99 Pa. Commw. Page 367]

    opportunity being in Marsetta's Armstrong County office. The Allegheny office is approximately seventy-five (75) miles from petitioner's home.

The Board's critical findings of fact are as follows:

3. The claimant, when accepting the referral, stated to the Employment Service interviewer that he had a dentist appointment on July 12, 1984, at 11:30 a.m. and the interviewer made ...


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