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FRANK JERRY KUHN v. COMMONWEALTH PENNSYLVANIA (07/30/81)

decided: July 30, 1981.

FRANK JERRY KUHN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Frank Jerry Kuhn, No. B-166642.

COUNSEL

Frank Jerry Kuhn, for himself, petitioner.

William J. Kennedy, Associate Counsel, with him Richard Wagner, Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Williams

[ 61 Pa. Commw. Page 177]

Frank J. Kuhn (claimant) appeals from an Order of the Unemployment Compensation Board of Review (Board) which affirmed and modified a referee's decision which denied the claimant's application for unemployment compensation benefits.

The claimant was employed as an appliance specialist by National Fuel Gas Distribution Corporation (employer), a New York corporation, for twenty-one years. On August 15, 1977 he submitted a letter of resignation to the employer; the effective date of claimant's resignation was August 26, 1977. The claimant's reason for resigning, which was stated in the letter, was that he planned to relocate himself and his family in Arizona.

The move to Arizona occurred in September, 1977. Immediately prior to moving, the claimant invested $2200 in a one-day course in "new car brokerage." It

[ 61 Pa. Commw. Page 178]

    was the claimant's intention to support himself and his family by acting as a car sales broker while he explored employment opportunities in Arizona.

The claimant was unable to secure employment in Arizona; and he realized no income from his brokerage enterprise, although he advertised the availability of his services as a broker in a local Tucson newspaper, the "Dandy Dime." Consequently, he was in financial distress by January, 1978, which is when he applied for unemployment compensation from this Commonwealth through the Arizona Department of Economic Security (DES).

On January 31, 1978 the claimant submitted a signed statement to a DES interviewer in which the claimant stated that he had resigned from his job and moved to Arizona for the following reasons: (1) because he had been advised by his family doctor to move to a "dry humid [sic] climate" for the sake of his son's health;*fn1 and (2) because he planned to set up and operate a brokerage business out of his Arizona home during the day, while seeking full or ...


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