55 Pa. Commw. 428 | Pa. Commw. Ct. | 1980
Opinion by
In this unemployment compensation appeal, claimant,
The only question presented here is whether the claimant was unavailable for work while in Florida.
Each unemployment compensation week stands on a separate and individual basis, and a claimant must demonstrate his availability for work during a particular week to be entitled to compensation. Orkwis Unemployment Compensation Case, 198 Pa. Superior Ct. 141, 181 A.2d 703 (1962).
A person who absents himself from the vicinity in which he has declared himself available for suitable work- is not actually attached to the labor force and is, therefore, ineligible for benefits. Hauman v. Unemployment Compensation Board of Review, 54 Pa. Commonwealth Ct. 423, 421 A.2d 533 (1980); Otto v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 516, 333 A.2d 231 (1975).
Although claimant filed courtesy claims in local unemployment offices in Florida, the referee found that claimant was not realistically attached to the labor market there.
Availability for work is a question of fact, and we are therefore bound by the referee’s determination. Claimant frankly admitted that he was in Florida during the stated period; although he stated that the trip was a search for employment, claimant had no scheduled job interviews. See Hauman, supra.
A similar argument was advanced in Otto v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 516, 333 A.2d 231 (1975), where we held that the fact of claimant’s absence was critical, rather than his misconceptions as to the requirements for continued eligibility during absence. "We find Otto, supra, to be controlling.
In addition, the referee found that claimant had been warned that he could lose his benefits, by virtue of a statement in the written Advance Notice given to claimant before he left. The notice stated, “When you leave your labor market area you may lose your unemployment compensation benefits for the period you are out of the area. ’ ’
Therefore, we conclude that benefits were correctly denied. Accordingly, we affirm.
Order
And Now, this 18th day of December, 1980, the order of the Unemployment Compensation Board of Review, No. B-172231, dated May 18, 1979, is affirmed.
Amended Order
And Now, this 12th day of January, 1981, the orders of the Unemployment Compensation Board of Review, Nos. B-172231 and B-172232, dated May 18, 1979, are affirmed.
Kenneth J. Humanic.
Unemployment Compensation Board of Review.
Section 401(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §801 (d).