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ZIEMBA, APPELLANT v. UNEMPLOYMENT COMP.

No. 1015 C.D. 1973.

16 Pa.Commw. 615 (1975)

Stanley F. Ziemba, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee.

Commonwealth Court of Pennsylvania.

January 2, 1975.

Attorney(s) appearing for the Case

Paul L. Zeigler, with him Goldberg, Evans & Katzman, for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Argued February 7, 1974, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three. Reargued December 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., ROGERS and BLATT. Judge MENCER did not participate.

OPINION BY JUDGE CRUMLISH, JR., January 2, 1975

We are faced with this question. Can a federal employee who has received a total disability retirement pension from the federal government still be "able" and "available for suitable work" within the meaning of Section 401(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 801 (d) and thus be simultaneously entitled to unemployment compensation...

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