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NORBERT MALLOY v. COMMONWEALTH PENNSYLVANIA (04/06/87)

decided: April 6, 1987.

NORBERT MALLOY, 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 Norbert Malloy, No. B-240738.

COUNSEL

James R. Fitzgerald, for petitioner.

Jonathan Zorach, Associate Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

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

Author: Macphail

[ 105 Pa. Commw. Page 184]

Norbert Malloy (Claimant) petitions for our review of an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision denying benefits. We affirm.

The referee made the following findings of fact, which were adopted by the Board:

1. The claimant was last employed by Duffy Assoc. for 19 years as a service representative at a final pay rate of $7.48 per hour, and his last day of work was February 12, 1985.

2. On February 12, 1985 the claimant reported to Forbes Semple Garage to complete a job he had started the previous day.

3. On February 12, 1985 the claimant had a conversation with a salesman who was the son of

[ 105 Pa. Commw. Page 185]

    the owner of the company and which salesman sometimes directed the claimant in his work.

4. The salesman questioned the claimant as to why he was at the garage and had not reported to the ...


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