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MARIE A. MARINO v. COMMONWEALTH PENNSYLVANIA (01/16/75)

decided: January 16, 1975.

MARIE A. MARINO, 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 Marie A. Marino, No. B-116107.

COUNSEL

William F. Coyle, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.

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

Author: Mencer

[ 17 Pa. Commw. Page 124]

This is an appeal by Marie A. Marino (appellant) from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of unemployment compensation benefits.

Appellant had been employed by the Western Saving Fund Society of Philadelphia (employer) as a bank teller for approximately 3 1/2 years when she resigned on

[ 17 Pa. Commw. Page 125]

March 16, 1972. She applied for unemployment compensation and was denied on the basis that she was disqualified under Section 402(b)(1) of the Unemployment Compensation Law.*fn1 This section provides that "[a]n 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 . . . ."

Since appellant admittedly resigned her employment, she is disqualified under the above provision unless she proves that her resignation was with cause of a necessitous and compelling nature. Borman v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 241, 316 A.2d 679 (1974). The referee and the Board*fn2 determined that appellant had failed to satisfy her burden of proof in this regard, and appellant now appeals to us.

Appellant argues that the Board's findings as to the reason for her resignation are not supported by the evidence and, in fact, are the result of an arbitrary and capricious disregard of the ...


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