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MARTHA ANTHONY v. COMMONWEALTH PENNSYLVANIA (06/16/80)

decided: June 16, 1980.

MARTHA ANTHONY, 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 Martha Anthony, No. B-159812-B.

COUNSEL

William Taggart, with him Edward Myers and Charles Fensel, for petitioner.

Steven Marcuse, with him James Bradley, Assistant Attorneys General, Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Rogers, Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 52 Pa. Commw. Page 198]

Martha Anthony has appealed from an order of the Unemployment Compensation Board of Review (Board) denying Ms. Anthony unemployment compensation because she voluntarily left work without cause of a necessitous and compelling nature. Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b)(1).

[ 52 Pa. Commw. Page 199]

Ms. Anthony was employed for two and one-half years as a part-time dishwasher at the Erie Shrine Club. Throughout her employment she was unable to please her immediate supervisor and there were clashes. On January 25, 1978, Ms. Anthony voluntarily left work. She applied for unemployment compensation benefits, claiming that she left work for reasons of health and she was found to be eligible for compensation by the Office of Employment Security. Her employer appealed.

Ms. Anthony testified that her doctor advised her to leave work because the pressures of her job, including her clashes with her supervisor, were aggravating a nervous condition. A doctor's certificate was introduced in substantiation of the claim. She also testified that she told her employer of her health problems and requested other work more suitable to her condition. However, the employer's representative testified that Ms. Anthony did not say at the time of her leaving that she was leaving for health reasons or, indeed, that she had a problem with her health. The employer's witness also denied that Ms. Anthony requested other work.

The referee made detailed findings of fact, to the effect that Ms. Anthony left work due to her differences with her supervisor and not for health and concluded that Ms. Anthony was disqualified as a voluntary quit. The Board of Review affirmed. The findings were:

1. Claimant was last employed as a dishwasher by the Shrine Club at a final rate of $2.65 per hour, and her last day at work was January 25, 1978.

2. Claimant voluntarily terminated her employment due to a personality conflict ...


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