Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of John J. Dolla, No. B-125593.
Steven Kachmar, 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., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 23 Pa. Commw. Page 380]
John J. Dolla's (Claimant) unemployment compensation claim was rejected by the referee and the Unemployment Compensation Board of Review (Board) affirmed.
Claimant worked in the State of Illinois for approximately two months prior to his termination. The referee found that Claimant voluntarily terminated his employment in order to return home to Pennsylvania with his mother who was in need of eye surgery. This being a voluntary termination for a filial obligation, he was declared ineligible for benefits under Section 402(b) of the Unemployment Compensation Law*fn1 (Act). The Board agreed. We reverse.
Section 402 of the Act, 43 P.S. § 802, 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. . . .
"(2) In which his or her unemployment is due to leaving work (I) to accompany or to join his or her
[ 23 Pa. Commw. Page 381]
spouse in a new locality, or (II) because of a marital, filial or other domestic obligation or circumstance, whether or not such work is in 'employment' as defined in this act: Provided, however, That the provisions of this subsection (2) shall not be applicable if the employe during a substantial part of the six months either prior to such leaving or the time of filing either an application or claim for benefits was the sole or major support of his or her family, and ...