Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Peter Evasovich, No. B-203533.
Sandra L. Smales, for petitioner.
James K. Bradley, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Williams, Jr., Craig and Blatt, sitting as a panel of three. Opinion by Judge Williams, Jr.
[ 80 Pa. Commw. Page 396]
Peter Evasovich (claimant) petitions for review of the decision and order of the Unemployment Compensation Board of Review (Board) denying benefits to him under the provisions of Section 402(b) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897,
[ 80 Pa. Commw. Page 397]
are consistent with each other and with its conclusions of law, and whether they can be sustained without a capricious disregard of competent evidence. Berardi v. Unemployment Compensation Board of Review, 73 Pa. Commonwealth Ct. 549, 458 A.2d 668 (1983). Medical problems may provide the requisite cause where the claimant has communicated these problems to the employer and where he proves by competent evidence that the health problems do exist and will justify termination. Gennaria.
Although the Board found that the claimant here met both of the tests for eligibility, it, nevertheless, held him ineligible. The Board concluded that he was ineligible because he had not requested a leave of absence for the period during which the employer was considering his request for a transfer and because it found that he had not allowed the employer sufficient time to effectuate his transfer. From this basis, the Board reasoned that he had not taken all necessary and reasonable steps to secure, i.e., to preserve, his employment. The issue before this Court is whether the Board's legal conclusions are correct.
While we agree that an employe has a duty to take all necessary and reasonable steps to preserve his employment,*fn1 we cannot agree with the Board that the claimant here failed to meet his legal obligations in this regard.
As the Board's brief correctly notes, we have held that the claimant's duty to preserve the employment relationship includes the duty to request a leave of absence, and that this duty is a corollary to the rule that a claimant must request a transfer to a more suitable position prior to a voluntary termination.
[ 80 Pa. Commw. Page 399]
Board of Review, 73 Pa. Commonwealth Ct. 465, 458 A.2d 335 (1983). Absent some indication from the employer that suitable work or a leave of absence was available, the claimant made every effort that legally could be expected of him to sustain the employer-employee relationship. See Tapia v. Unemployment Compensation Board of Review, 75 Pa. Commonwealth Ct. 548, 462 A.2d 915 (1983). Consequently, where the principle from which a corollary arises has fallen, we must hold that the corollary must also fall. Therefore, we must hold that ...