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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. BENJAMIN COOPER (06/22/76)

decided: June 22, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
BENJAMIN COOPER, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Benjamin Cooper, No. B-126906.

COUNSEL

Norman H. Stein, with him Charlotte V. Neagle, 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 Rogers, sitting as a panel of three. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case.

Author: Mencer

[ 25 Pa. Commw. Page 257]

Benjamin Cooper (claimant), a resident of the City of Philadelphia, was recruited by the Buck Hill Falls Co. (employer) to work in a resort not far from Stroudsburg, Pennsylvania. Claimant worked for approximately three months as a utilityman and earned

[ 25 Pa. Commw. Page 258]

    a salary of $266 a month plus room and board. On or about October 5, 1974, claimant left his job under circumstances which we will discuss in detail later in this opinion.

On February 2, 1975,*fn1 claimant applied for unemployment compensation and was denied benefits for the waiting week ending February 8, 1975 and the compensable week ending February 15, 1975. He then filed a timely appeal requesting a referee's hearing. Two hearings were held, the first on March 10, 1975, in Philadelphia, at which claimant appeared, and the second on April 4, 1975, in Stroudsburg, at which a representative of the employer appeared. The referee, after reviewing the transcripts of both hearings, affirmed the denial of benefits. The Unemployment Compensation Board of Review (Board) affirmed the referee without taking additional evidence.

Throughout the administrative process, the reason given for the denial of benefits was that claimant was ineligible for benefits under Section 402(b)(1) of the Unemployment Compensation Law*fn2 (Act) which provides in part:

"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 ...


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