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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. WALTER CAMPBELL (07/20/76)

decided: July 20, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
WALTER CAMPBELL, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Walter Campbell, No. B-126766.

COUNSEL

Kenneth B. Grooms, 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. Judge Rogers did not participate in the decision in this case.

Author: Mencer

[ 25 Pa. Commw. Page 567]

This is an appeal by Walter Campbell (claimant) from an order of the Unemployment Compensation Board of Review (Board) which denied claimant unemployment compensation benefits because of its finding that he had voluntarily "quit his employment"

[ 25 Pa. Commw. Page 568]

    with Trans-American, Inc. (employer) "without cause of a necessitous and compelling nature."

Claimant raises two contentions concerning alleged errors made by the Board. Initially, he contends that the record lacks evidence capable of supporting the Board's finding that he had "quit his employment." Claimant contends that he was discharged.

The Board issued the following findings:

"1. The claimant was last employed for approximately 4 months by Trans-American, Inc. as a truck driver at $3.25 per hour; his last day of work being May 30, 1974.

"2. On his last day of work, the claimant and a co-worker were sent to a location in Flourtown, Pennsylvania to pick up some material. During the course of the day, the claimant and the co-worker disagreed as to certain procedures to be followed.

"3. During the afternoon of his last day of work, the claimant talked by telephone with his supervisor and said 'This ...


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