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DIANE F. MASTROIANNI v. COMMONWEALTH PENNSYLVANIA (04/06/84)

decided: April 6, 1984.

DIANE F. MASTROIANNI, 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 Diane F. Mastroianni, No. B-204333.

COUNSEL

Richard S. Packel, for petitioner.

Peter C. Layman, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Williams, Jr., Barry and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 81 Pa. Commw. Page 409]

Diane F. Mastroianni (claimant) petitions for review of the decision and order of the Unemployment

[ 81 Pa. Commw. Page 410]

Compensation Board of Review (Board) denying benefits under Section 402(b) of the Unemployment Compensation Law (Act)*fn1 (voluntary termination without cause of a necessitous and compelling nature).

The Board made the following findings of fact in this case:

1. Claimant was last employed as a secretary by the Allen-Sherman-Hoff Company from 1978 at a final rate of $15,000 annually and her last day of work was April 6, 1981.

2. Claimant requested and was granted a leave of absence to expire on October 6, 1981.

3. Upon being granted the leave of absence, claimant was advised that if she did not return by the expiration date of her leave, her employment status will be considered to be voluntarily terminated.

4. Claimant contacted her employer prior to the expiration of her leave and was advised that her position was no longer ...


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