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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. ANNETTA JANE LEGO (05/21/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: May 21, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
ANNETTA JANE LEGO, APPELLANT

Appeal from the Order of the Unemployment Compensation Board of Review in case of Annetta Jane Lego, No. B-125570B.

COUNSEL

James T. Marnen, with him Stephen A. Tetuan, and Silin, Eckert, Burke, Siegel & Roseman, 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., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 24 Pa. Commw. Page 570]

The critical issue in this appeal from the decision and order of the Unemployment Compensation Board of Review is whether Annetta Jane Lego (Claimant) voluntarily quit her employment with cause of a necessitous and compelling nature.*fn1

It is undisputed Claimant voluntarily quit, and it is alleged she did so because she was physically incapable of continuing in her job.*fn2 Since she voluntarily terminated her employment, the burden rests upon her to show cause of a necessitous and compelling nature. Unemployment Compensation Board of Review v. Holtz, 19 Pa. Commonwealth Ct. 316, 338 A.2d 316 (1975).

[ 24 Pa. Commw. Page 571]

Where, as here, she did not consult a physician, her unsupported statement that the work adversely affected her health is insufficient, of itself, to establish good cause for leaving. Taylor v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 391, 338 A.2d 702 (1975). Further, we note that her physician's statement obtained after she quit is of little evidentiary value unless the letter explains and supports the reasons as they existed as of that date, since the letter of Claimant's physician does not adequately explain and buttress the health reasons as they existed on the date of her termination,*fn3 and having carefully reviewed the record, we conclude there is substantial evidence of record to support the Board's decision and order. See Elshinnawy Page 571} v. Commonwealth, 12 Pa. Commonwealth Ct. 597, 317 A.2d 332 (1974). Under these circumstances, we are under a duty to affirm the Board. Therefore, we

Order

And Now, this 21st day of May, 1976, the decision and order of the Unemployment Compensation Board of Review denying Annetta Jane Lego benefits is affirmed.

Disposition

Affirmed.


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