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BODEGARD MITCHELL v. COMMONWEALTH PENNSYLVANIA (04/23/75)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: April 23, 1975.

BODEGARD MITCHELL, 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 Bodegard Mitchell, No. B-120342.

COUNSEL

Stephen R. Krone, for appellant.

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

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 18 Pa. Commw. Page 502]

This is a direct administrative appeal by a claimant from an order of the Unemployment Compensation Board of Review affirming a denial of an interstate benefits claim on the ground that claimant had voluntarily terminated his employment with a Pennsylvania employer without cause of a necessitous and compelling nature under 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. § 802(b)(1). Claimant's admitted conduct of jumping ship to attend to his hospitalized brother in California brings him within our recent decision in Crumbling v. Unemployment Compensation Board of Review, 14 Pa. Commonwealth Ct. 546, 322 A.2d 746 (1974). We held in Crumbling that section 402(b)(1) must be construed together with section 402(b)(2), 43 P.S. § 802(b)(2), rendering ineligible a claimant voluntarily terminating his or her employment

[ 18 Pa. Commw. Page 503]

    for marital, filial or domestic obligations or circumstances, so that a voluntary termination to care for sick family members will not constitute cause of a necessitous or compelling nature under section 402(b)(1). As we indicated in Crumbling, we are bound by the expressed will of the Legislature.

Order

And Now, this 23rd day of April, 1975, the order of the Unemployment Compensation Board of Review is affirmed.

Disposition

Affirmed.

19750423

© 1998 VersusLaw Inc.



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