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REDEVELOPMENT AUTHORITY COUNTY DAUPHIN v. COMMONWEALTH PENNSYLVANIA (09/12/79)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 12, 1979.

REDEVELOPMENT AUTHORITY OF THE COUNTY OF DAUPHIN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, AND PAULINE A. SMITH, RESPONDENTS

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Pauline A. Smith, No. B-147740-B.

COUNSEL

Robert D. Hanson, for petitioner.

Elsa Newman, Assistant Attorney General, with her James Bradley, Assistant Attorney General, Daniel R. Schuckers, Assistant Attorney General, Richard Wagner, Assistant Attorney General-Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

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

Author: Crumlish

[ 45 Pa. Commw. Page 598]

The Redevelopment Authority of the County of Dauphin (Employer) appeals from an order of the Unemployment Compensation Board of Review affirming a referee's award of benefits to Pauline A. Smith (Claimant). We reverse.

The issue presented is whether Claimant made a reasonable attempt to preserve her employment relationship before resigning because failure to do so would require denial of benefits on the basis of a voluntary termination without cause of a necessitous and compelling nature within the meaning of Section 402(b)(1).*fn1 Maltese Unemployment Compensation Case, 190 Pa. Superior Ct. 123, 152 A.2d 773 (1959).

The essential facts are succinctly stated. Smith was advised by her physician that major surgery was needed with an indefinite recovery period. She informed her superiors of her doctor's advice and, after discussion with them, tendered her letter of resignation.

[ 45 Pa. Commw. Page 599]

She candidly admits that she did not request a leave of absence without pay although such a leave was available. She contends that she was dissuaded from making said request after being informed that such leaves were "frowned upon." We disagree that she was relieved of the duty to make such a request before resigning. In Tollari v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 589, 309 A.2d 833 (1973), we denied benefits to claimants who failed to request lighter work when they assumed that none was available. We see no controlling distinction here.

Accordingly, we

Order

And Now, this 12th day of September, 1979, the order of the Unemployment Compensation Board of Review in the above captioned case, dated November 25, 1977 awarding benefits to Pauline A. Smith, is reversed.

Disposition

Reversed.


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