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KATHLEEN TRUITT v. COMMONWEALTH PENNSYLVANIA (04/14/86)

decided: April 14, 1986.

KATHLEEN TRUITT, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW



Appeal No. 55 W.D. Appeal Dkt. 1985 from Order of Commonwealth Court entered March 8, 1985, at No. 1806 C.D. 1983, Affirming in Part and Reversing in Part the Decision of the Unemployment Compensation Board of Review entered June 10, 1983, at No. B-218861.

COUNSEL

Lorraine M. Bittner, Carol S. Mills McCarthy, John Stember, Kathleen R. Mulligan, Neighborhood Legal Services, Pittsburgh, for appellant.

Susan Cary Nicholas, Philadelphia, Ann Lee Begler, Pittsburgh, for amici curiae CHOICE & Women's Law Project.

Charles G. Hasson, Acting Deputy Chief Counsel, Jonathan Zorach, Associate Counsel, Peter C. Layman, Chief Counsel, Unemployment Compensation, Bd. of Review, Harrisburg, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ., concurring. Larsen, J., files a dissenting opinion.

Author: Per Curiam

[ 509 Pa. Page 629]

ORDER

Application for Relief in the Nature of a Motion to Dismiss for Non-Compliance with Rules granted without prejudice.

Disposition

Application for Relief in the Nature of a Motion to Dismiss for Non-Compliance with Rules granted without prejudice.

LARSEN, Justice, dissenting.

I dissent from the majority's decision to grant appellee's, the Unemployment Compensation Board of Review's, motion to dismiss and would reach the merits of this case.

Appellant, Kathleen Truitt, appeals from an order of the Commonwealth Court affirming the denial of her application for unemployment compensation benefits. Appellant applied for benefits after she left her job as a waitress because her mother, who had been caring for appellant's children while appellant was at work, broke her arm and was no longer able to care for the children and appellant was unable to find alternative child care. After a hearing, the referee concluded that appellant's efforts to obtain alternative child care did not demonstrate the effort necessary to ...


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