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SONJA I. CAREY v. COMMONWEALTH PENNSYLVANIA (12/08/89)

decided: December 8, 1989.

SONJA I. CAREY, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW, (UNEMPLOYMENT COMPENSATION).

COUNSEL

Carolyn L. Carter, Chambersburg, and Donald Marritz, Gettysburg, for petitioner.

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

Doyle and Barry, JJ., and Narick, Senior Judge.

Author: Barry

[ 130 Pa. Commw. Page 634]

OPINION

This is a petition for review of an order of the Unemployment Compensation Board of Review (Board) affirming a decision of a referee which affirmed a determination of the Office of Employment Security (OES) denying unemployment compensation benefits to Sonja Carey (Claimant) based on Section 402.5 of the Unemployment Compensation Law (Section 402.5).*fn1 We reverse.

Once again we are called upon to interpret Section 402.5. See VanMetre v. Unemployment Compensation Board of Review, 128 Pa. Commw. 644, 564 A.2d 540 (1989); Beers v. Unemployment Compensation Board of Review, 118 Pa. Commw. 248, 546 A.2d 1260 (1988), petition for allowance of appeal granted 521 Pa. 623, 557 A.2d 726 (1989); Parker v. Department of Labor and Industry, 115 Pa. Commw. 93, 540 A.2d 313 (1988), aff'd 521 Pa. 531, 557 A.2d 1061 (1989). Section 402.5, in pertinent part, provides:

[ 130 Pa. Commw. Page 635]

(a) Notwithstanding any other provision of this act with respect to service performed in a "seasonal operation" or "seasonal industry," as defined in this section, benefits shall not be paid to a seasonal worker, based on such services, for any week of unemployment occurring outside of the normal seasonal period of operation, provided there is a contract or reasonable assurance that such seasonal worker will perform services in that seasonal industry in his next normal seasonal period.

(h) For the purposes of this section, the following definitions shall apply:

(1) "Fruit or vegetable food processing operation" means those services performed in connection with commercial canning or commercial freezing of fruits and vegetables.

(3) "Seasonal industry" means an industry, establishment or process within an industry which, because of climatic conditions making it impractical or impossible to do otherwise, customarily carries on fruit or vegetable food processing operations, or both, only during a regularly recurring ...


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