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AUDORALEE WHEELER v. COMMONWEALTH PENNSYLVANIA (09/29/82)

decided: September 29, 1982.

AUDORALEE WHEELER, 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 Audoralee Wheeler, No. B-190680.

COUNSEL

Robert C. Rayman, Devecka & Rayman, for petitioner.

Steven J. Neary, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish, Jr. and Judges Blatt and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case. Concurring and Dissenting Opinion by Judge Blatt.

Author: Crumlish

[ 69 Pa. Commw. Page 203]

Audoralee Wheeler appeals a Pennsylvania Unemployment Compensation Board of Review order denying her benefits. We vacate and remand.

The novel issue presented for our consideration and determination is: Does a domestic transition resulting from the personal preference of a spouse obviate the necessitous and compelling reasons for a following spouse's voluntary quit?*fn1 Mrs. Wheeler quit work in Wilkes-Barre to accompany her husband to State College where he intended to complete his education.*fn2

Section 402(b)(1) of the Unemployment Compensation Law*fn3 (Law) provides in part that:

An employe shall be ineligible for compensation for any week --

(b) In which his unemployment is due to voluntarily leaving work without cause of necessitous and compelling nature. . . .

In order to be eligible for benefits, Mrs. Wheeler must demonstrate that her voluntary quit was for cause of necessitous and compelling reason. Ruckstuhl v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 302, 426 A.2d 719 (1981). Mrs. Wheeler failed to meet this burden below, and our review is thus limited to determining whether all the necessary findings of the Board are consistent with

[ 69 Pa. Commw. Page 204]

    each other and with the conclusions of law and whether they can be sustained absent a capricious disregard of competent evidence.*fn4 Johnson v. Unemployment Compensation Board of ...


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