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NOVAK UNEMPLOYMENT COMPENSATION CASE. (09/16/60)

September 16, 1960

NOVAK UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 175, Oct. T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-56093, in re claim of Marie S. Novak. Decision affirmed.

COUNSEL

Sheldon Tabb, with him Ocks & Fisher, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Woodside

[ 193 Pa. Super. Page 50]

OPINION BY WOODSIDE, J.

This is an appeal from the decision of the Unemployment Compensation Board of Review denying the appellant unemployment compensation on the ground that she was disqualified under the provisions of § 402(b)

[ 193 Pa. Super. Page 51]

    of the Unemployment Compensation Law, 43 P.S. § 802(b).

This part of the law provides: "An employe shall be ineligible for compensation for any week - ... (b)(1) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature ..."

The claimant was pregnant. During the time in question, the law provided that she was conclusively presumed to be unavailable for work and ineligible for benefits for any week of unemployment after seven and one half months*fn1 of pregnancy. § 401(d) of the Law, supra. She left her employment September 11. The child was expected December 18. She claims benefits for the weeks between September 11 and one and one-half months prior to the expected birth. The bureau found she voluntarily resigned due to pregnancy. Upon appeal, the referee found for her, but the board found against her.

She worked for the Curtis Publishing Co. as a general office clerk. One of her duties was to take readings off of the presses, which she did every two hours. She claims that because of her pregnancy she was afraid that while making these readings she might fall because the floor around the presses was slippery.

The employer would have permitted her to continue her employment until 7 1/2 months of her pregnancy had been reached. Since she voluntarily terminated her employment prior to that time, the burden was upon her to show cause of a necessitous and compelling nature for so doing. Johnson Unemployment Compensation Case, 182 Pa. ...


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