Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Carol J. McWilliams, No. B-124678.
Linda J. Peltier, 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., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 23 Pa. Commw. Page 403]
Carol J. McWilliams (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which affirmed an order of the referee denying her benefits.
The referee's factual findings indicate that Claimant was employed as a quality control inspector on the first shift. Her employer advised her that he must transfer her to the third shift. Claimant elected to quit rather than transfer because her ailing mother required her attention in the evening. When she was hired, Claimant knew working the second or third shift was a distinct possibility. In fact, she had worked on the third shift for the first six months she was on the job and at the time of her departure, third shift work was available.
The referee concluded that Claimant was not eligible for benefits because she voluntarily terminated her employment in order to fulfill a filial or domestic obligation. The Board affirmed and dismissed the appeal. We affirm.
In an unemployment compensation case, findings made by the referee and adopted by the Board which are supported by substantial evidence are binding upon this Court absent an error of law or a showing of fraud. McDonald v. Unemployment Compensation Bd. of Review, 17 Pa. Commonwealth Ct. 494, 333 A.2d 199 (1975); Thomas v. Unemployment Compensation Bd. of Review, 14 Pa. Commonwealth Ct. 398, 322 A.2d 423 (1974). Our examination of the record indicates that the referee's findings are supported by substantial evidence. Next for our consideration is whether an error of law has been committed.
Section 402(b) of the Unemployment Compensation Law (Act)*fn1 provides:
[ 23 Pa. Commw. Page 404]
"An 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 ...