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MELINDA R. MCQUISTON v. COMMONWEALTH PENNSYLVANIA (08/16/78)

decided: August 16, 1978.

MELINDA R. MCQUISTON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Melinda R. McQuiston, No. B-139270-B.

COUNSEL

Mary Ann McConnell, with her Anna Belle Jones, for petitioner.

Michael Klein, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 37 Pa. Commw. Page 251]

Melinda R. McQuiston (Claimant) appeals a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits.

Claimant was last employed as a social worker with the Civilian Personnel Division of the Department of the Army in Bersena, Italy. During her last three years of employment with the Army, she experienced severe sinus problems. Claimant consulted a doctor in her hometown of Sharon, Pennsylvania, as well as Army physicians in Italy. According to her testimony, Claimant was advised that the atmospheric conditions in the area of Italy where she was stationed were aggravating her condition. Subsequently, Claimant terminated her employment and applied for unemployment compensation.

[ 37 Pa. Commw. Page 252]

Benefits were denied by the referee due to the lack of medical evidence that health reasons necessitated Claimant's termination. Upon appeal to the Board, the referee's denial was affirmed. In response to Claimant's request for oral argument, the Board vacated its decision and scheduled argument. No appearances were entered at oral argument though Claimant did submit a brief. Subsequently, the Board reinstated its earlier decision disallowing benefits. From this second denial, Claimant appeals.

Claimant first presents for our consideration her contention that she was denied due process of law. This argument is premised upon her assumption that the Board failed to consider her written brief once she had waived oral argument. To support her allegation, Claimant merely points to the Board's second decision containing, in part, the following language:

Whereas, the Unemployment Compensation Board of Review issued a decision on January 6, 1977, disallowing benefits to the claimant under the provisions of Section 402(b)(1) of the Law; and

Whereas, the claimant requested argument before the Board of Review; and

Whereas, the Board of Review, on February 2, 1977 granted the claimant's request, vacated its prior Board decision, and scheduled oral argument ...


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