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BARBARA A. DENBY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA. BARBARA A. DENBY (11/23/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: November 23, 1976.

BARBARA A. DENBY
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA. BARBARA A. DENBY, APPELLANT

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Barbara A. Denby, No. B-128968.

COUNSEL

Luther E. Weaver, for appellant.

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

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

Author: Crumlish

[ 27 Pa. Commw. Page 225]

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

It is undisputed that 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

[ 27 Pa. Commw. Page 226]

    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 690 (1975). Where, as here, she did not consult a physician, her unsupported statement that the working conditions 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 testimony based on observation after she quit is of little evidentiary value, since Claimant's physician's diagnosis does not adequately explain and buttress the health reasons as they existed on the date of her termination. Having carefully reviewed the record, we conclude there is substantial evidence of record to support the Board's decision and order. See Elshinnawy v. Commonwealth, 12 Pa. Commonwealth Ct. 597, 317 A.2d 332 (1974).

Therefore, we

Order

And Now, this 23rd day of November, 1976, the decision and order of the Unemployment Compensation Board of Review denying Barbara A. Denby benefits is affirmed.

Disposition

Affirmed.


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