Opinion

St. Clair Hospital v. Unemployment Compensation Board of Review

  • 154 A.3d 401
  • 2017 Pa. Commw. LEXIS 16
  • 2017 WL 444340
Court
Commonwealth Court of Pennsylvania
Filed
Feb 2, 2017
Status
Published
Author
Wojcik
On the bench
Leavitt, Jubelirer, Simpson, Brobson, Wojcik, Hearthway, Cosgrove
Cited by
17 cases

The opinion

DISSENTING OPINION BY

JUDGE WOJCIK

I join in the well-reasoned dissenting opinion of Judge Cosgrove. I write separately, however, to stress that the jobs identified by the employer in this case are only a possible suitable accommodation for the claimant’s medical condition and that the claimant is only disqualified from receiving benefits under Section 402(b) of the Unemployment Compensation Law 1 “if the employer is able to provide other suitable work .... ” Because the record in this case lacks sufficient evidence demonstrating that the employer is able to provide such suitable work under Section 402(b), unlike the majority, I would affirm the order of the Unemployment Compensation Board of Review. Accordingly, I respectfully dissent.

President Judge Leavitt joins in this Dissenting Opinion.

Judge Cosgrove joins in this Dissenting Opinion.

. Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b).

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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