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LINA CEDENO v. COMMONWEALTH PENNSYLVANIA (04/30/87)

decided: April 30, 1987.

LINA CEDENO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review, in case of Lina D. Cedeno, No. B-244492.

COUNSEL

Peter Zurflieh, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Colins dissents.

Author: Blatt

[ 105 Pa. Commw. Page 550]

Lina D. Cedeno (petitioner) petitions for review of the order of the Unemployment Compensation Board of Review (Board) summarily affirming a referee's denial of benefits to her pursuant to Section 402(b) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b) (one who voluntarily terminates employment without cause of a necessitous and compelling nature is ineligible for benefits).

The referee made extensive and detailed findings of fact in this case, which, pertinently, are as follows:

1. The claimant was last employed by the Dauphin Deposit Bank as a teller for approximately three weeks at an hourly rate of $4.22. Her last day of work was July 5, 1985.

2. The claimant was hired by the employer as a summer replacement for vacationing employees and was advised at time of hire that her work week would consist of approximately thirty-seven and one-half to forty hours, the claimant's daily starting time having been 8:00 a.m. and she having anticipated completing her work day at or about 4:30 p.m.

3. The claimant is the mother of four children aged two years, four years, six years, and nine years.

4. While the claimant was employed by the employer the three oldest children of the claimant attended certain summer camps from which they returned home daily at approximately 4:30

[ 105 Pa. Commw. Page 551]

    p.m. and the youngest child of the claimant was under ...


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