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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. MICHAEL DELGROSSO (04/08/76)

decided: April 8, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
MICHAEL DELGROSSO, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Michael DelGrosso, No. B-126220.

COUNSEL

Nathaniel C. Nichols, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Mencer

[ 24 Pa. Commw. Page 293]

Michael DelGrosso (claimant) appeals to this Court from an order of the Unemployment Compensation Board of Review (Board) which denied him unemployment compensation benefits because it found that he had voluntarily terminated his employment with Globe Ticket

[ 24 Pa. Commw. Page 294]

Company (employer) without necessitous and compelling reasons.*fn1

Our review here is limited to questions of law and, absent fraud, to a determination as to whether the Board's findings are supported by the evidence. Questions of credibility and the weight to be given the evidence are for the Board to determine. Winkler v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 49, 338 A.2d 770 (1975).

In its adjudication, the Board adopted the following findings of fact:

"1. Claimant was last employed as a shipping clerk by the Globe Ticket Company at a final rate of $195 per week and his last day of work was October 25, 1974.

"2. The company moved its plant from Philadelphia to Horsham, Pennsylvania, and the claimant voluntarily terminated his employment because of the inconvenience of transportation from his home to Horsham.

"3. The employer provided chartered bus service from Philadelphia to Horsham at $7.50 per week. There also were car pools and other employes from the claimant's neighborhood ...


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