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DAVID W. MEANY v. COMMONWEALTH PENNSYLVANIA (12/06/74)

decided: December 6, 1974.

DAVID W. MEANY, 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 David W. Meany, No. B-114241.

COUNSEL

David W. Meany, appellant, for himself.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

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

Author: Mencer

[ 15 Pa. Commw. Page 577]

This is an interstate appeal from a decision of the Unemployment Compensation Board of Review (Board)

[ 15 Pa. Commw. Page 578]

    which denied the claim of David W. Meany (claimant) for unemployment compensation benefits. His claim had been initially denied by the Bureau of Employment Security but its decision had been reversed by a referee who allowed the claim.

The basis of the Board's order was that the claimant had voluntarily left work without cause of a necessitous and compelling nature within the meaning of Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b)(1), which provides that "[a]n employe shall be ineligible for compensation for any week . . . [i]n which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature . . . ." A person becoming unemployed because of a voluntary termination has the burden of establishing that such termination was with cause of a necessitous and compelling nature. Kernisky v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 199, 309 A.2d 181 (1973).

Claimant was employed by the American Consulting Association, Incorporated, San Mateo, California, as a civil engineer. The employment spanned a period of six months and claimant was compensated at the rate of $7.50 per hour for his services. His last day of work for this employer was January 21, 1972, the day on which he admittedly terminated his employment voluntarily to accept a better position at a higher salary in Guam.

During December 1971, claimant received a letter from Thomas J. Davis, Inc., Agana, Guam, informing him of a position opening with the corresponding firm. The key portion of that letter read: "The position we have open is for a licensed civil engineer, preferably one who also has a structural license in a state or territory having standards meeting the requirements of the National Council of Engineering Examiners for registration."

[ 15 Pa. Commw. Page 579]

Claimant was a civil engineer but did not possess a ...


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