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DEPT. OF TRANS. v. UN. COMP. BD. OF REV.

No. 794 C.D. 1983.

84 Pa.Commw. 364 (1984)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

August 3, 1984.

Attorney(s) appearing for the Case

Robert C. Bell, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner.

Charles G. Hasson, Acting Deputy Chief Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Submitted on briefs April 30, 1984, to Judges WILLIAMS, JR., DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE DOYLE, August 3, 1984:

Before this Court is an appeal by the Department of Transportation (DOT) from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision to award benefits to Duane Nolan (Claimant). We reverse.

The essential facts of this matter are not in dispute. Claimant was employed by DOT for thirteen months as a highway maintenance worker. During that period he compiled a work record fraught...

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