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GERARD J. BARR v. COMMONWEALTH PENNSYLVANIA (08/12/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 12, 1982.

GERARD J. BARR, 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 Gerard Barr, No. B-193083.

COUNSEL

Gerard J. Barr, petitioner, for himself.

Francine Ostrovsky, Associate Counsel, with her Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 68 Pa. Commw. Page 266]

Gerard J. Barr (Claimant) brings this appeal from a decision of the Unemployment Compensation Board

[ 68 Pa. Commw. Page 267]

    of Review (Board) affirming a referee's order which reversed a decision of the Office of Employment Security (Office) and denied Claimant unemployment compensation benefits holding that Claimant voluntarily terminated his employment without cause of a necessitous and compelling nature. Section 402(b) 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).

The testimony is conflicting. Claimant contended he was fired and the employer argued that Claimant quit of his own volition. The Board resolved the conflicting evidence*fn1 in favor of the employer and found that Claimant quit work due to his dissatisfaction with his salary and working condition.*fn2 After a careful review of the record, we are satisfied that the Board did not capriciously disregard any competent evidence in exercising its exclusive fact-finding role.*fn3 The facts as found by the Board fully warrant its conclusions that Claimant voluntarily terminated his employment and that Claimant failed to prove cause of necessitous and compelling nature for doing so.*fn4

On the basis of the above, we affirm the Board's order.

Order

It is ordered that the order of the Unemployment Compensation Board of Review, Number B-81-1-L-35, dated February 5, 1981, is hereby affirmed.

[ 68 Pa. Commw. Page 268]

Amended Order

It is ordered that the order of the Unemployment Compensation Board of Review, Number B-193083, dated March 10, 1981, is hereby affirmed.

Disposition

Affirmed.


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