171 Pa. Super. 162

Schornstein Unemployment Compensation Case.

*163Argued March 10, 1952.

Before Rhodes, P. J., Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Fred G. Sehornstein, appellant, in propria persona, submitted a brief.

William L. Hammond, Special Deputy Attorney General, with him Robert F. Woodside, Attorney General, for appellee.

July 17, 1952:

Opinion by

Arnold, J.,

Claimant appeals from the decision of the Unemployment Compensation Board which denied him benefits. The decision must be affirmed.

Claimant was discharged from his employment and received benefits for some nine weeks. .He then voluntarily enrolled and attended a training. course with Underwood Corporation in Connecticut,. to qualify for a position with it. He attended classes five days each week, from 9 a.m. to 5 p.m. He now claims benefits for the period of his training, although he testified that he made no attempts to obtain employment. In fact, he clearly showed, that he had no intention of doing *164so, and had voluntarily taken himself out of the labor market.1

A claimant must be “able to work and available for work” to qualify for benefits under section 401 of the Unemployment Compensation Law, 43 PS §801. “ ‘Our examination of the record in contests concerning availability must ordinarily be limited to the determination whether the board’s findings of fact are sustained by the evidence.’ ”: Shellhammer Unemployment Compensation Case, 162 Pa. Superior Ct. 327, 328, 57 A. 2d 439. “The test of availability requires claimant at all times to be ready, able, and willing to accept suitable employment, temporary or full time. . .”: Mattey Unemployment Compensation Case, 164 Pa. Superior Ct. 36, 41, 42, 63 A. 2d 429. The appellant did not meet this test. What was stated in the cited case is particularly appropriate here: “It cannot be said that he was ‘actually and currently attached to the labor force’... The Act does not contemplate ‘ a compensated vacation from work,’ . . . nor should it become ‘an invitation to a compensated rest’ . . .”

Decision affirmed.

Schornstein Unemployment Compensation Case
171 Pa. Super. 162

Case Details

Name
Schornstein Unemployment Compensation Case
Decision Date
Jul 17, 1952
Citations

171 Pa. Super. 162

Jurisdiction
Pennsylvania

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