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CAROL J. KLEBAN v. COMMONWEALTH PENNSYLVANIA (04/21/83)

decided: April 21, 1983.

CAROL J. KLEBAN, 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 Carole J. Kleban, No. B-170111-B.

COUNSEL

Shelley W. Elovitz, Watzman & Elovitz, for petitioner.

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

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 73 Pa. Commw. Page 541]

Carole J. Kleban appeals an order of the Unemployment Compensation Board of Review, which affirmed a referee's decision denying her benefits on the basis that she voluntarily left work without a cause of a necessitous and compelling nature. Section 402(b) of the Unemployment Compensation Law.*fn1

The claimant, who had worked as a quality control inspector for RCA Corporation in Mountaintop,

[ 73 Pa. Commw. Page 542]

Pennsylvania since May 3, 1972, married a union electrician on May 26, 1978. One week before their wedding, her husband, who had been unemployed since January, 1978, obtained work on a construction project in Pittsburgh. On weekends, the claimant's husband commuted nearly 600 miles round-trip to visit the claimant and her minor child. Finally, after three months of this commuting relationship, on August 11, 1978, the claimant terminated her job so that she could join her husband in Pittsburgh. On August 21, 1978, the claimant filed an application for benefits, which the board denied after a lengthy procedural delay.*fn2

Section 402(b) provides, in part, that:

An employee shall be ineligible for compensation for any week . . . (b) In which his unemployment is due to voluntarily leaving work

[ 73 Pa. Commw. Page 543]

    without cause of necessitous and ...


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