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MARGARET A. GARVIN v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (03/24/75)

decided: March 24, 1975.

MARGARET A. GARVIN, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Margaret A. Garvin, No. B-121514.

COUNSEL

Michael A. Nemec, for appellant.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Wilkinson

[ 18 Pa. Commw. Page 97]

In this unemployment compensation case, appellant has been declared to be ineligible to receive benefits under the provisions 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), i.e., voluntarily leaving her position without the requisite necessitous and compelling reason.

This ineligibility has been declared by the Bureau of Employment Security, the referee, and the Board of Review after they had the benefit of a hearing before an appeals referee who took testimony and the Board made its own findings. The Board's findings were substantially the same as the findings of the original referee. We must affirm.

From a review of the entire record, as well as from the very specific resignation hand-written by appellant, there can be absolutely no doubt that appellant resigned. The resignation, in its entirety, follows:

"Mr. Frederick,

October 12, 1973

"This is to inform you of my resignation -- allowing a two-week period, if you prefer, for notice.

"/s/ Margaret Garvin, R.T."

The same letter was addressed to Dr. Kelly. Appellant was an x-ray technician in St. John's General Hospital. Dr. Kelly was Chief Radiologist and ...


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