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DYKAN UNEMPLOYMENT COMPENSATION CASE. (01/16/62)

January 16, 1962

DYKAN UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 405, Oct. T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-66425, in re claim of Eileen Dykan. Decision affirmed.

COUNSEL

Kenneth L. Stein, for appellant.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Rhodes

[ 197 Pa. Super. Page 154]

OPINION BY RHODES, P.J.

This is an unemployment compensation case in which claimant has appealed from the decision of the Unemployment Compensation Board of Review affirming the referee.

The Board of Review denied benefits to claimant on the ground that she voluntarily terminated her employment without cause of a necessitous and compelling nature. Section 402(b)(1) of the Unemployment Compensation Law, as amended, 43 PS ยง 802(b)(1), provides in part "That a voluntary leaving work because of pregnancy, whether or not the employer is able to provide other work, shall be deemed not a cause of a necessitous and compelling nature: ..."

The question presented is whether there was competent evidence to substantiate the finding of the board.

Claimant was employed as a clerk-typist at the I-T-E Circuit Breaker Company, Philadelphia, for approximately four years. At the time of her termination of employment on April 7, 1961, claimant was earning $65 per week; she was twenty-two years of age, married, and pregnant.

Claimant admitted that in January, 1961, she was given a bad progress report because of absences from work due to the early stages of pregnancy. Her anticipated delivery date was between September 8 and 11, 1961.

A representative of the employer testified at the hearing before the referee that claimant came to him during the week of March 13, 1961, and told him that she desired to resign. During the week of March 20th, ...


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