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ROBERT J. GENSHEIMER v. COMMONWEALTH PENNSYLVANIA (03/28/74)

decided: March 28, 1974.

ROBERT J. GENSHEIMER, JR., APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Robert J. Gensheimer, Jr., No. B-116038.

COUNSEL

Robert D. Hain, for appellant.

Sydney Reuben, Assistant Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 13 Pa. Commw. Page 63]

The claimant-appellant, in this appeal from the Unemployment Compensation Board of Review's disallowance of his claim, was employed as a pipefitter by the Veterans Administration Hospital in Erie for five months at an hourly rate of $4.31. His last day of work was July 20, 1972.

There is no dispute concerning the reason for claimant-appellant's separation. Finding of Fact No. 2 of the referee quotes the determination of the Veterans Administration that the reason for separation was: "Resignation -- dissatisfaction with working conditions. 'Due to unbearable working conditions, consider my services terminated.'"

The determination of the Federal employing agency is final and conclusive with regard to the cause of separation. Judge Woodside's opinion in Neumeyer Unemployment Compensation Case, 187 Pa. Superior Ct. 321, 144 A.2d 606 (1958), sets forth ably and concisely

[ 13 Pa. Commw. Page 64]

    the role played by the State unemployment compensation authorities with regard to the determination of the eligibility for unemployment compensation payments of separated employees of Federal agencies. It points out that while the reason for the separation as certified by the Federal employing agency is final and conclusive, nevertheless, "whether under the facts certified to us the claimant is entitled to compensation is a matter which Congress says we must determine under our law." Neumeyer, supra, at 329, 144 A.2d at 610.

The referee's Findings of Fact continue:

"3. The claimant voluntarily terminated his employment because of what he considered unbearable working conditions in that the temperature was 96 degrees in the shop from which he worked and a fan had been removed from the area so that it lacked ventilation.

"4. The claimant alleges that the heat irritated a dermatitis condition although he was not under the care of a physician nor was he ...


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