191 Pa. Super. 273 | Pa. Super. Ct. | 1959
Opinion by
In this unemployment compensation case the claimant, Charles F. Collins, 20 years of age, was discharged from the Armed Service on September 22, 1958. He attended Penn State University for one semester and then enrolled as a part time student at the University of Youngstown, Youngstown, Ohio in February 1959.
The Bureau denied benefits on the ground that he failed to meet the availability requirements of Section 401(d) of the Unemployment Compensation Law, 43 PS 801(d). The referee reversed the bureau’s finding that he could arrange his schedule or forego his schooling and-so be available for employment. The board reversed the referee, vacating his findings of fact and found that he was not available. The board is the ultimate fact finding body. Anetakis v. The Salvation Army, 191 Pa. Superior Ct. 268, 156 A. 2d 590 (1959). The determination of availability is largely a question of fact for the board. Pinto Unemployment Compensation Case, 168 Pa. Superior Ct. 540, 79 A. 2d 802 (1951).
Although he indicated he would change his school hours, or if necessary, discontinue some of his classes, if offered a job, when asked by the referee, “Q. Would you quit school if you were offered full-time work?”, he answered, “A. Well, I would quit if the job was good enough, but if there was any way for me to continue to go to school and work I would do it.”
In almost identical factual situations we held, that benefits were properly denied under Section 401(d) of
Decision affirmed.