Sickafuse v. Commonwealth, Unemployment Compensation Board of Review
Sickafuse v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
This is an appeal by William D. Sickafuse (Claimant) from the decision and order of the Unemployment Compensation Board of Review (Board) affirming the decision of a referee to deny unemployment compensation benefits pursuant to Section 401(d)(1) of the Pennsylvania Unemployment Compensation Law
Claimant had been employed on a full-time basis as a stock worker for Haney’s Furniture (Employer) for approximately ten months when, in July of 1980, his working hours were reduced to twenty hours per week. This is the work schedule he currently maintains. After filing an application for benefits effective July 20, 1980, Claimant enrolled for the fall of 1980 term at Grove City College. Following a hearing, the referee determined that Claimant was not available for employment and therefore found him to be ineligible for compensation benefits.
To reach the conclusion that Claimant was ineligible for benefits, the referee relied upon a rule of law,
Our review of the record reveals that after the Employer reduced Claimant’s work hours to twenty hours per week in July of 1980, Claimant matriculated as a full-time college student. Claimant had completed one semester, and had begun a second semester, while maintaining his part-time employment. We also note that the Board did not consider Claimant’s employment search indicative of an individual who was actually available for work. While there is no quantitative measure to prove good faith, the Board concluded that Claimant’s three undocumented employment contacts over a several month period did not demonstrate a good faith effort to secure employment. Finally, Claimant’s spouse is employed and con
In the alternative, Claimant argues that the referee’s finding of fact number nine is unsupported by competent evidence. This finding provides:
9. In a Referee’s decision dated 10-10-80 the claimant was denied benefits under Section 401(d)(1) due to his student status.
Claimant contends that it was error to admit the earlier decision on grounds of hearsay and relevance. We disagree. First, the prior determination of the referee is supported by Claimant’s own testimony,
Claimant additionally argues that the referee capriciously disregarded Claimant’s own testimony that he would quit school to accept a full-time position. In his reasoning, however, the referee referred to this testimony and concluded that it is merely a self-serving declaration. A factfinder is not required to accept such a declaration particularly where there is circumstantial evidence to the contrary. See Graham v. Unemployment Compensation Board of Review, 14 Pa. Commonwealth Ct. 445, 322 A.2d 807 (1974). Claimant’s prior inconsistent statements concerning his intention to fit a work schedule around his class schedule is clearly evidence to the contrary. Thus, we conclude that the referee did not capriciously disregard evidence on this issue.
Therefore, since the findings of fact and conclusions of law can be sustained without a capricious disregard of evidence, the order of the Board is affirmed. Furthermore, since Claimant, through no fault of his own, received $295.00 in unemployment compensation benefits to which he was not entitled, said amount shall be recouped as a non-fault overpayment in accordance with the provisions of Section 804(b) of the Law, 43 P.S. §874(b).
Order
Now, August 30, 1983, the order of the Unemployment Compensation Board of Review, at No. B-194949, dated May 4, 1981, is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §801(d).
Before a decision concerning Claimant’s ineligibility was made by the Office of Employment Security, Claimant received benefit checks for four consecutive weeks. The sum of these checks totaled $295.00.
496 Pa. 620, 437 A.2d 1213 (1981).
At the hearing on Claimant’s previous claim, he indicated that he would try to get a job which fit into his class schedule and that he was unavailable for work in the mornings. There is no dispute that such testimony supports the earlier determination.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.