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ROKOSKY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (ROKOSKY UNEMPLOYMENT COMPENSATION CASE.) (12/29/53)

December 29, 1953

ROKOSKY
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (ROKOSKY UNEMPLOYMENT COMPENSATION CASE.)



COUNSEL

Walter W. Rabin, Philadelphia, for appellant.

William L. Hammond, Sp. Deputy Atty. Gen., for appellee.

Before Rhodes, P. J., and Hirt, Reno, Ross, and Wright, JJ.

Author: Wright

[ 174 Pa. Super. Page 359]

WRIGHT, Judge.

This is an appeal from a decision of the Unemployment Compensation Board of Review denying benefits under section 402(b) of the Pennsylvania Unemployment Compensation Law, Act of 1936 (1937), P.L. 2897, § 402(b), 43 P.S. § 802(b).

Appellant was employed by the Ideal Shirt Company in Sykesville, Pennsylvania, for a period of six years. On August 29, 1952, she terminated her employment and moved to Buffalo, New York, to live with her mother. On September 22, 1952, appellant filed a claim for compensation in the employment office in Buffalo. During the course of an interview in that office on September 25, 1952, she stated: 'I left

[ 174 Pa. Super. Page 360]

    on 8-29-52 to seek work in Buffalo, N. Y. -- because I have left my husband -- my mother, sisters and brothers all live in Buffalo'. The Bureau denied benefits, finding that appellant terminated her employment because she had separated from her husband.

On October 20, 1952, an appeal was taken from the Bureau's decision. On that date, during an interview in the office in Buffalo, appellant asserted for the first time that she had quit work because her mother was ill. She stated: 'I left my job to come to Buffalo to take care of my mother. * * * She had sugar diabetes. There was no one else to take care of her. * * *' The testimony, however, shows that the mother had been suffering from diabetes for several years and had been taking care of herself. A hearing was held in Buffalo on November 21, 1952. At that time, the Referee told appellant that there was information that she quit her job because she had separated from her husband. Appellant's reply was that she did not know how this had ever been established. She denied that it was her reason for leaving, and maintained that she had quit work because of her mother's illness. A further hearing was held in Pittsburgh on February 4, 1953, before a Pennsylvania Referee, at which time the testimony given at the Buffalo hearing was introduced in evidence. On March 6, 1953, the Referee issued a decision in which he found as a fact that 'Claimant terminated her employment * * * and went to live with her mother * * * because her mother had diabetes and needed someone to care for her'. He concluded, however, that she had given up her employment without good cause, and denied benefits.

From the Referee's decision an appeal was taken to the Board of Review. The Board vacated the Referee's findings of fact, but affirmed his conclusion. The pertinent facts as found by the Board were that claimant

[ 174 Pa. Super. Page 361]

    had terminated her employment because of marital difficulties: and that, although she alleged she went to Buffalo to take care of her mother, '* * * it is clear that her mother's physical condition has not varied for many years, and there ...


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