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BENJAMIN W. DANIELS v. COMMONWEALTH PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD REVIEW (04/24/75)

decided: April 24, 1975.

BENJAMIN W. DANIELS, 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 Benjamin W. Daniels, No. B-121416.

COUNSEL

Nathaniel Carroll Nichols, with him Annette Hearing Sullivan, for appellant.

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

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

Author: Crumlish

[ 18 Pa. Commw. Page 509]

This is the direct administrative agency appeal of Benjamin W. Daniels (Claimant) from a decision and order of the Unemployment Compensation Board of Review (Board) affirming an order of the referee disallowing compensation to Claimant pursuant to 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) (Act).

This case came to be when Claimant was contacted by the Delaware County Intermediate Unit (DCIU) with a proposal to transport retarded children in his station wagon four hours a day over the school week. Claimant commenced this work on the understanding that he "would come in soon and discuss and negotiate on the wages." On Monday, September 17, 1973, he accompanied the driver who had driven the route up to this time, and from Tuesday, September 18, until Thursday, September 20, Claimant transported the children over this route himself.

After driving the children to school on that Thursday, Claimant returned to the offices of DCIU and spoke with the Management Specialist for DCIU, concerning the

[ 18 Pa. Commw. Page 510]

    wages for the job and was informed that he would be paid $90.00 per week. Claimant then informed the Specialist that the wage was unsatisfactory, but that he would continue to drive until September 27, 1973, so that DCIU could find another driver. Hearing these facts, the referee and Board concluded that Claimant was ineligible under Section 402(b)(1), 43 P.S. § 802(b)(1) which provides:

"An employee 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, irrespective of whether or not such work is in ...


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