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MARY E. WILSON v. COMMONWEALTH PENNSYLVANIA (02/26/80)

decided: February 26, 1980.

MARY E. WILSON, 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 Mary E. Wilson, B-164988.

COUNSEL

Louis Lesson, with him Mark A. Senick, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Crumlish, Jr., DiSalle and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr. This decision was reached prior to the death of President Judge Bowman. This decision was reached prior to the expiration of the term of office of Judge DiSalle.

Author: Crumlish

[ 49 Pa. Commw. Page 465]

The Pennsylvania Unemployment Compensation Board of Review affirmed a referee who denied benefits to Mary E. Wilson, finding that she voluntarily left employment without cause of a necessitous and compelling nature. Section 402(b)(1) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b)(1).

[ 49 Pa. Commw. Page 466]

Wilson voluntarily left her job as an administrator of St. Paul's Monastery Manor, a residential care facility for the elderly.

Did she quit for cause of a necessitous and compelling nature?

Wilson alleges mental harassment and precarious working conditions following a series of alarming extraterrestial events which she was convinced seriously jeopardized the mental and physical welfare of the residents, the staff, and herself featuring, among other phenomena, self-igniting wastebaskets and the mysterious interruption of the elevator's electrical power. Nocturnal capers by unidentified beings were the usual unusual happenings such as unprogrammed radio concerts, erratic clock revolutions, disappearance of the personal property of some of the residents, and laundry litter in the hallways.

Unable to master these phenomena on her own, she unsuccessfully sought the cooperation of the Monastery's Rector, the local police chief, and volunteer staff members; she installed a phone tap; rotated staff employees to eliminate suspicion; and, at wit's end, engaged a volunteer private detective. Her request to hire a security guard was dismissed as too costly.*fn1

Finally, in a memorandum, she summarized these supernatural events for their submission to the Manor's Executive and Advisory Boards. The Rector induced the Executive Board to reject the presentation of her presentation. Convinced that she could no longer function effectively as an administrator, she appeared ...


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