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SHARON S. STANKIEWICZ v. COMMONWEALTH PENNSYLVANIA (08/10/87)

decided: August 10, 1987.

SHARON S. STANKIEWICZ, 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 Sharon S. Stankiewicz, No. B-244285.

COUNSEL

David B. Marateck, Lark, Makowski, Marateck & Konopka, for petitioner.

Jonathan Zorach, Assistant Counsel, with him, 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.

Author: Blatt

[ 108 Pa. Commw. Page 341]

Sharon Stankiewicz (petitioner) petitions for review of an order of the Unemployment Compensation Board of Review (Board) which denied her benefits pursuant to Section 402(b) of the Unemployment Compensation Law (Law), 43 P.S. ยง 802(b) (voluntary termination without cause of a necessitous and compelling nature).

The referee, as affirmed by the Board, made the following findings:

1. Claimant was last employed by Geisinger Medical Center, Danville, Pa. as a Radiologic Technologist at the rate of approximately $10.06 an hour. Her employment history with this employer began December 26, 1976 and lasted to and including January 2, 1985, her last day of work.

2. Prior to her last day of work, the claimant had requested and received approval for a leave of absence for a period of 6 months beginning January 3, 1985 and ending on or about July 2, 1985.

3. The letter of January 23, 1985 officially approving the leave of absence contained a statement to the effect that the employer could not guarantee the claimant a position for her at the end of her leave; however, she was informed that she would be given preferential consideration

[ 108 Pa. Commw. Page 342]

    over new applicants for positions in her former department.

4. Notwithstanding the employer's statement informing the claimant that she could not be guaranteed a position to return to work at the end of her leave, the ...


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