Opinion

Molnar v. Commonwealth

  • 40 Pa. Commw. 518
  • 397 A.2d 869
  • 1979 Pa. Commw. LEXIS 1290
Court
Commonwealth Court of Pennsylvania
Filed
Feb 20, 1979
Status
Published
Author
Crumlish
On the bench
Craig, Crumlish, Mencer
Cited by
18 cases

The opinion

Dissenting Opinion by

Judge Crumlish, Jr. :

I respectfully dissent.

I would remand for the taking of additional testimony on the sole issue of employment opportunity. Although I agree with Judge Mencer’s conclusion that the presumption of availability has been rebutted, I must disagree that the claimant has not met his affirmative burden of showing that he was able to do work of some nature. But whether suitable work was available is unclear on the record.

Accordingly, I would remand for this limited purpose.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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