71 Pa. Commw. 576 | Pa. Commw. Ct. | 1983
OriNión by
The petitioner, Thomas J. Biemesderfer, argues that the Unemployment Compensation Board of Review (Board) erred in determining that his status as a part-time student made him unavailable for work within the purview of Section 401(d) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §801 (d). The Board found that '‘the claimant is primarily a student who also works,”
Regardless of a claimant’s status as student .or non-student, of course, any applicant has the burden of establishing the fact that he is able and available for work. Wincek v. Unemployment Compensation Board of Review, 64 Pa. Commonwealth Ct. 201, 439 A.2d 890 (1982).
Here, the claimant had been employed full-time for two and a quarter years by the Trojan Yacht Company. He testified that, upon being involuntarily separated due to a lack of work, he activély sought other employment,
Keeping in mind the claimant’s employment history, his attempts to secure employment,
We will reverse the order of the Board.
Order
And Now, this 4th day of February, 1983, the order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby reversed and the matter remanded for the computation of benefits.
The claimant testified that he had applied for employment at approximately six places. Moreover, he presented a letter from the Census Bureau indicating that he had passed the' census test and would be considered for positions as they opened up.-
The testimony indicated that a full-time student schedule involved at least twelve credit hours of class, while, the claimant’s schedule involved only nine credit hours of class. Furthermore, the claimant’s schedule was such that although his mornings were reserved for class, his afternoons, evenings and weekends were free for employment. - •
We merely note in passing that the claimant’s persistence paid off; he secured a job as a salesman of lawn care services with “The Lawn Doctor”. This job involves between 25 to 35 hours per week.
“The Unemployment Compensation Law is designed to relieve workers who become unemployed through no fault of their own of the hardship flowing from loss of employment.” Gilman v. Unemployment Compensation Board of Review, 28 Pa. Commonwealth Ct. 630, 635, 369 A.2d 895, 897 (1977). The claimant, certainly, is a member of the group which the Act is designed to assist, inasmuch as he was a “worker” who after two and a quarter years of service, unquestionably became unemployed “through no fault of his own.”
Breen involved a student claimant, who worked part-time for one month of his summer recess. In finding that he was eligible for compensation, we noted that “we must conclude that any implicit disqualification of students is negatived by the absence of any statutory provision expressly denying them benefits.” Id. at 20.