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ROSEMARY I. BRESLOW v. COMMONWEALTH PENNSYLVANIA (11/14/86)

decided: November 14, 1986.

ROSEMARY I. BRESLOW, 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 Rosemary I. Breslow, No. B-237840.

COUNSEL

Michael Goldberg, for petitioner.

Samuel H. Lewis, Associate Counsel, with him, Paul E. Baker, Acting Deputy Chief Counsel, for respondent.

Judges Doyle and Barry, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 102 Pa. Commw. Page 188]

Rosemary I. Breslow (Claimant) petitions this Court for review of an order of the Unemployment Compensation Board of Review (Board) affirming the referee's determination denying her benefits under Sections 401 and 4(u) (not totally unemployed); 402(b) (voluntary quit) and 401(f) (six times weekly benefit rate after disqualifying termination) of the Unemployment Compensation Law (Act).*fn1 In its brief, the Board concedes Claimant's arguments as to Sections 4(u) and 401 of the Act. We affirm, however, on the other disqualifying grounds.

The relevant facts are as follows. From August 9, 1982 to June 1, 1984, Claimant was employed full-time by Farmland Industries (Farmland) as a manager of a Turkey Hill convenience store at $5.02 per hour. Prior to June 1, 1984, Claimant informed Employer that she

[ 102 Pa. Commw. Page 189]

    would be leaving to take a job selling insurance. Claimant, however, failed an insurance aptitude test and, on May 30 or May 31, was informed that the insurance sales position was no longer available.

Claimant next secured a full-time sales job with radio station WHEX on July 19, 1984, at a rate of pay of $725 per month. On August 31, 1984 Claimant was laid off for economic reasons. During her time at WHEX, Claimant earned $1,021.55.

Claimant filed an application for benefits on September 2, 1984 and established a weekly benefit rate of $177, subject to a five percent reduction.*fn2 The referee denied her claim for benefits and the Board affirmed. Claimant appeals to this Court.

Claimant was denied benefits principally for two reasons. First, the Board determined that Claimant voluntarily quit her job with Farmland without cause of a necessitous and compelling nature, rendering her ineligible for compensation under Section 402(b) of the Act, 43 P.S. § 802(b). The Board then applied Section 401(f) of the Act, 43 P.S. § 801(f),*fn3 and determined that Claimant ...


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