31 Pa. Commw. 455 | Pa. Commw. Ct. | 1977
Opinion by
Margaret Rosenberger (claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) affirming a referee’s decision to deny her unemployment compensation. Compensation was denied because the referee found that the claimant had refused a job referral from the Bureau of Employment Security (Bureau) without good cause, grounds for ineligibility under Section 402(a) of the Unemployment Compensation Law
The claimant had worked as a retail clerk for the W. T. Grant Company for a period of eight years, and was laid off due to lack of work in November, 1974, when she applied for full unemployment compensation. On November 12, 1974, she registered with the Bureau’s Employment Service and spoke with an employment interviewer, who told her that work as a sales clerk might be available at a local department store but that he would first have to speak to an individual in the store’s personnel office. The interviewer called the claimant later that day and informed her that the department store’s personnel office was interested in speaking to her and that the store had an opening in the same position that the claimant had held with her former employer. The claimant, however, did not report to the store for the interview as requested, and the Bureau subsequently issued a determination disqualifying her from receiving benefits, pursuant to Section 402(a). The Bureau’s adjudication was af
In unemployment compensation appeals, our scope of review is confined to questions of law and to a determination of whether or not the findings of the compensation authorities are supported by substantial evidence. Unemployment Compensation Board of Review v. Lowell, 24 Pa. Commonwealth Ct. 309, 355 A.2d 616 (1976). Section 402(a) provides in pertinent part:
An employe shall be ineligible for compensation for any week —
(a) In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him by the employment office or by any employer ....
The claimant argues first that she cannot be permanently denied benefits under Section 402(a) where there is no evidence in the record showing that the interview would have resulted in permanent employment. In effect, the claimant argues here that her disqualification should be only temporary. We disagree. The section clearly renders ineligible any person who, without good cause, refuses either to apply for or accept suitable work, and the record indicates here that the job which the claimant refused to apply for was identical to the one she formerly held and that it was considered a permanent one. We believe that this is sufficient evidence to justify the permanent denial of benefits under Section 402(a).
The claimant also argues that she had “good cause” for failing to attend the job interview, because her son was sick and she had to remain home to care for him. The words “good cause” found in Section 402(a), however, have been interpreted to be synony
The claimant argues finally that she was denied due process of law, contending first that she did not receive adequate notice of the Bureau’s determination of ineligibility. The record indicates, however, that she received several notices from the Bureau, both written and verbal, that her failure to attend the job interview could result in the termination of her benefits. The claimant points to a form sent to her hy the Bureau entitled “Notice of determination” which indicated that her benefits had been terminated because of her refusal to accept a job referral but which erroneously indicated that this was a violation of Section 401(d) of the Act rather than Section 401(a). The claimant argues that the defect in the notice of determination interfered with her right to a fair hearing. We disagree. Although we do not condone errors of this kind in notices of actions by administrative agencies, a careful examination of the record leads us to conclude that the claimant suffered no injury as a result of any technical defect in the notice she received. The notice, although citing the wrong section of law, clearly indicated which actions of the claimant resulted in her disqualification. Moreover, this notice followed both written and verbal notices previously given as to the probable consequences of the claimant’s action and the record of the referee’s hearing clearly indicates that the claimant understood the reason why her benefits had been terminated.
The claimant argues finally that she was not permitted a fair opportunity to present her evidence at
The order of the Board is therefore affirmed.
Order
And Now, this 18th day of August, 1977, the order of the Unemployment Compensation Board of Review, dated July 8, 1976 and numbered B-132424, is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P.S. §802(a).