# St. Clair Hospital v. Unemployment Compensation Board of Review

> Commonwealth Court of Pennsylvania · February 2, 2017 · 154 A.3d 401

URL: https://www.frixlaw.com/law-library/cases/9871817

## Case

- **Full name:** ST. CLAIR HOSPITAL, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** February 2, 2017
- **Citations:** 154 A.3d 401; 2017 Pa. Commw. LEXIS 16; 2017 WL 444340
- **Precedential status:** Published
- **Opinion:** Dissent by Wojcik
- **Judges:** Leavitt, Jubelirer, Simpson, Brobson, Wojcik, Hearthway, Cosgrove
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9871817

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9871817. Public record. Not legal advice.