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CITY WILLIAMSPORT v. COMMONWEALTH PENNSYLVANIA (07/06/89)

decided: July 6, 1989.

CITY OF WILLIAMSPORT, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION).

COUNSEL

Norman M. Lubin, Casale & Bonner, Williamsport, for petitioner.

Clifford F. Blaze, Depty. Chief Counsel, James K. Bradley, Asst. Counsel, Harrisburg, for respondent.

Craig and Barry, JJ., and Blatt, Senior Judge.

Author: Blatt

[ 126 Pa. Commw. Page 556]

The City of Williamsport (employer) appeals here from a decision and order of the Unemployment Compensation Board of Review (Board) granting benefits to Larry E. Buck (claimant) under Section 402(e) of the Unemployment Compensation Law*fn1 (Law).

On April 19, 1988, the Office of Employment Security (OES) issued a determination denying benefits to the claimant under Section 402(e) of the Law for failure to abide by the employer's residency requirement. The claimant appealed this determination and, after a hearing, the referee affirmed the OES determination on May 13, 1988. The claimant then appealed to the Board which reversed the decision of the referee and granted benefits on September 26, 1988. It is from this decision and order of the Board that the employer now appeals to this Court.

[ 126 Pa. Commw. Page 557]

Our scope of review in such cases is limited to a determination of whether constitutional rights have been violated, errors of law committed, or findings of fact are not supported by substantial evidence. Estate of McGovern v. Page 557} State Employes' Retirement Board, 512 Pa. 377, 517 A.2d 523 (1986).

The facts as found by the Board are as follows:

1. The claimant last worked for the City of Williamsport as a laborer/truck driver from June 1, 1987 until March 4, 1988, his last day of work, at a final rate of pay of $7.93 per hour.

2. Section 149.09 of the city code requires that all persons who are employed by the city shall be or shall become city residents within 90 days from the first date the employee reports for work.

3. The city's code defines residence as the actual domicile where a person normally eats and sleeps and ...


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