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KEAR v. UNEMPL. COMP. BD. OF REVIEW

No. 2297 C.D. 1976.

40 Pa.Commw. 346 (1979)

Philip Kear, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

February 8, 1979.

Attorney(s) appearing for the Case

Alan Kear, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Bernadette A. Duncan, Assistant Attorney General, Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued January 30, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three. Reargued December 5, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS, BLATT, DISALLE and CRAIG. Judges WILKINSON, JR. and MacPHAIL did not participate.

OPINION BY JUDGE DiSALLE, February 8, 1979:

This is an appeal by Philip Kear (Claimant) from an order of the Unemployment Compensation Board of Review (Board) disallowing his appeal from a referee's denial of benefits. The case was originally heard by a three-judge panel and was subsequently reargued before the Court en Banc.

For purposes of this appeal, Claimant last worked on December 31, 1971. The following month, he went to the local office of the Bureau...

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