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LINDA BONANNI v. COMMONWEALTH PENNSYLVANIA (12/22/86)

decided: December 22, 1986.

LINDA BONANNI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in the cases of Linda D. Bonanni, Nos. B-215965 and B-217201.

COUNSEL

Evalynn B. Welling, for petitioner.

Richard F. Faux, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

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

Author: Barry

[ 102 Pa. Commw. Page 542]

Linda Bonanni, the claimant, appeals from two orders of the Unemployment Compensation Board of Review (Board) which affirmed two decisions of the referee which denied the claimant benefits because she had voluntarily quit work without cause of a necessitous and compelling nature. Section 402(b) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b).

Claimant was employed by Koolvent Aluminum Products, Inc. as a factory worker. She was responsible for placing various sized pieces of glass onto a washing belt. Claimant became pregnant in July of 1982. Because of complications relating to the pregnancy, claimant missed a number of days of work. She received an absenteeism warning pursuant to the employer's disciplinary policy. She eventually obtained a note from her doctor, dated November 11, 1982, which stated:

To Whom It May Concern:

Linda Bonanni was seen in our office today. She is pregnant, approximately four months. Has had fair amount of nausea and vomiting. On today's visit, her weight was 113 lbs., BP: 90/60. She complained of weakness, tiredness.

Since she does work with glass and has to lift heavy pieces, I would feel until her general condition

[ 102 Pa. Commw. Page 543]

    improves and her blood pressure improves she should be limited in the type of work that she is doing. If possible, it would be best if she had a less physical position. She was placed in addition to her prenatal vitamins, thyroid 1/2 grain daily. She will be seen again in the office and be reevaluated.

Sincerely yours,

     s/ Robert E. Warner, M.D.

Claimant gave the letter to Nelson Groves, the employer's vice president on November 12, 1982. Claimant testified that Groves told her it was against company policy to change her employment and that he asked her to get a note from her doctor qualifying her for disability. Claimant testified she was unable to get such a note because Dr. Warner believed she could work in a less physically demanding position.

Groves, on the other hand, testified that he told the claimant that the note was not specific enough concerning her work limitations. He requested a more specific letter. Claimant never produced such a letter. On November 15, 1982, claimant again called Groves and asked to be reassigned. When Groves again refused, she quit.

Claimant then filed an application for benefits. The Office of Employment Security (OES) granted benefits and the employer appealed to the referee. Claimant subsequently filed another application for benefits incorporating a different benefit year based on the same incident. The OES again approved the claim and the employer filed a second appeal.

The hearing on the first appeal of the employer was held on January 20, 1983. The following day, the referee mailed out his decision reversing the OES determination in which he made credibility findings in favor of the employer. He decided that since the claimant had failed

[ 102 Pa. Commw. Page 544]

    to produce a more specific letter from her doctor concerning her limitations, she had failed to establish the requisite cause of a necessitous and compelling nature justifying her voluntary termination. On ...


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