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RICHARD B. GREEN v. COMMONWEALTH PENNSYLVANIA (08/05/87)

decided: August 5, 1987.

RICHARD B. GREEN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of Unemployment Compensation Board of Review in the case of In Re: Claim of Richard B. Green, No. B-245622.

COUNSEL

David L. Hill, Community Legal Services, Inc., for petitioner.

James K. Bradley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 108 Pa. Commw. Page 217]

Before this court is the appeal of Richard B. Green (Petitioner) from a decision of the Unemployment Compensation Board of Review (Board) which affirmed an order of a referee denying unemployment compensation benefits to Petitioner because he voluntarily terminated his employment without cause of a necessitous and compelling

[ 108 Pa. Commw. Page 218]

    nature. Section 402(b) of the Pennsylvania Unemployment Compensation Law (Law).*fn1

In 1973, Petitioner began working for M.S.L. Stamping Co. (M.S.L.) in Philadelphia, Pennsylvania. After approximately six and one-half years he was transferred from Philadelphia to a plant in Ellwood City, Pennsylvania. On December 10, 1984, the Ellwood City plant was closed and he accepted a transfer to the Joliet, Illinois plant. Petitioner worked in the Illinois plant for nine months but voluntarily terminated his employment on September 27, 1985 to relocate back to Philadelphia with his family.

On September 29, 1985, Petitioner filed an application for unemployment benefits with the Philadelphia Office of Employment Security (OES). OES issued a determination denying Petitioner's application under Section 402(b) of the Law. Petitioner appealed and a hearing was held before a referee. Petitioner and his wife attended the hearing while M.S.L. representatives participated via telephone. The referee issued a decision denying benefits. The referee concluded that Petitioner voluntarily terminated his employment to relocate to Philadelphia because his wife could not adjust to living in Illinois and did not wish to live there. Petitioner appealed to the Board which affirmed the referee.

Petitioner appeals to this Court asserting that the Board erred in affirming the referee's denial of benefits because his decision to leave his job in Joliet, Illinois to return to Philadelphia was for cause of a necessitous and compelling nature. Petitioner alleges that his wife threatened to leave her husband and their children in Illinois unless he quit his job. Further, he alleges that his wife's doctor indicated that his wife was suffering

[ 108 Pa. Commw. Page 219]

    from acute anxiety, required psychological counseling and, therefore, he advised relocation back to Philadelphia. Petitioner argues that because of his wife's poor mental health and his desire to preserve family unity, he had cause ...


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