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HERMAN QUARTZ v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (10/20/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 20, 1976.

HERMAN QUARTZ, APPELLANT
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLEE

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Herman Quartz, No. B-127904.

COUNSEL

No appearance 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., Wilkinson, Jr., Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 26 Pa. Commw. Page 612]

Herman Quartz (Appellant) appeals to this Court an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision denying benefits to Appellant pursuant to Section 402(b)(1) of the Unemployment Compensation Law (Law).*fn1 We affirm.

Appellant was last employed by Don Hughes Ford Sales as a mechanic. Following a conversation between Appellant and Don Hughes, who had retired from the management of the company, Appellant stopped work, and now contends that at the conclusion of the dialogue, Hughes fired him.

[ 26 Pa. Commw. Page 613]

Since the Board found that Appellant left work voluntarily,*fn2 he can be eligible for benefits under Section 402(b)(1) of the Law only if he left for a necessitous and compelling reason. Here, Appellant's decision to terminate employment was motivated solely by his own impression that he had been discharged. Notwithstanding the presentation of conflicting evidence, one cannot necessarily conclude that there is no competent or credible evidence to support the findings. Unemployment Compensation Board of Review v. Moran, 21 Pa. Commonwealth Ct. 387, 346 A.2d 591 (1975). In Borman v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 241, 244, 316 A.2d 679, 680 (1974), we said, "A claimant for unemployment compensation benefits who becomes unemployed by voluntary termination of his work bears the burden of proving that such termination was with cause of a necessitous and compelling nature [Citation omitted.]." The Board determined that Appellant failed to meet his burden of proving that his voluntary termination was with cause of a necessitous and compelling nature. Our review of the record compels us to agree. Therefore, we must

Order

And Now, this 20th day of October, 1976, the order of the Unemployment Compensation Board of Review is hereby affirmed.

Disposition

Affirmed.


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