Hammerstone v. Commonwealth’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the past, we have remanded cases to the Board where it improperly declared a claimant ineligible under a section of the Act regarding which claimant had no opportunity to be heard or present evidence. Chiaro v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 459 , 366 A.2d 959 (1976); see Boob v. Unemployment Compensation Board of Review, 18 Pa. Commonwealth Ct. 624 , 337 A.2d 293 (1975). The reason for such a remand is principally to allow the claimant an opportunity to present evidence on the issue upon which the case is to be decided. See Chiaro, supra. Here, the claimant had that opportunity. The referee made it clear at the start of the hearing that Section 402(e) (failure to accept suitable work) was being considered. It was not until the referee’s decision was handed down that Section 402(b)(1) (volun tarily leaving) entered the picture. Under these circumstances, the need for a remand vanishes. The claimant’s .rights to notice and an opportunity to be heard would not be more fully protected by affording him a second opportunity to do precisely what he had a chance to do the first time....”

   1 later decision quote this exact passage
   e.g. McDermott v. Commonwealth, Unemployment Compensation Board of Review

2. “An employee shall be ineligible for compensation for any week— , (a) in which his unemployment is due to failure, without good cause, ... to accept suitable work when offered to him by the employment officer or by any employer. . . ,. Provided, that such employer notifies the employment office of such offer within seven (7) days after making thereof; ...”

   1 later decision quote this exact passage
   e.g. 118 Pa. Commw. 406 - Teitell v. UN. COMP. BD. OF REV.

3. “[t]he phrase ‘voluntarily leaving work’ in Section 402(b)(1) means that ‘he left of his own motion; he was not discharged. It is the opposite of a discharge, dismissal or layoff by the employer or other action by the employer severing relations with his employees. . . .’ (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Weaver v. Commonwealth, Unemployment Compensation Board of Review