Opinion
April 11, 1962.
June 13, 1962.
Unemployment Compensation — Refusal of suitable work — Substantial and reasonable grounds — Cancellation of dental appointments — Findings of fact — Appellate review.
1. In an unemployment compensation case, in which it appeared that claimant received unemployment compensation benefits until they were discontinued due to her pregnancy; and that thereafter she applied for benefits, and later was offered a position, which she failed to accept because she was going out of town and would not be back until the following week; it was Held that the compensation authorities properly denied benefits.
2. A claimant must have substantial and reasonable grounds for refusing offered work.
3. Dental appointments, subject to cancellation or change, do not constitute substantial and reasonable ground for refusing offered work.
4. Findings of fact by the board, supported by competent evidence, are conclusive and binding on the appellate court.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 130, April T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-69101, in re claim of Angela F. Levy. Decision affirmed.
Morton B. DeBroff, for appellant.
Sydney Reuben, Assistant Attorney General, with him Raymond Kleiman, Deputy Attorney General, and David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued April 11, 1962.
Claimant had a valid separation from her former employer, Eljer Company, Pittsburgh, Pennsylvania, as of September 30, 1960. She received unemployment compensation benefits until February 26, 1961, when they were discontinued due to her pregnancy. In early May, 1961, she applied for benefits, and on June 29, 1961, she was offered a position with the Bureau of Employment Security which she failed to accept, because she was going out of town and would not be back until the following week.
The Bureau of Employment Security denied benefits, the referee reversed and allowed benefits, and the Unemployment Compensation Board of Review, after a remand hearing, reversed the referee and again denied benefits.
Our examination of the record discloses evidence to support the board's finding that claimant was interviewed on June 28, 1961, and given a definite job offer on the following day. The board's acceptance of the evidence establishing these facts is conclusive and binding on this Court. Ristis Unemployment Compensation Case, 178 Pa. Super. 400, 116 A.2d 271. Therefore, she must have substantial and reasonable grounds for refusing offered work. Cohen Unemployment Compensation Case, 189 Pa. Super. 140, 149 A.2d 186.
We are constrained to hold that dental appointments, subject to cancellation or change, do not constitute such grounds.
Decision affirmed.