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SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. COMMONWEALTH PENNSYLVANIA (09/08/87)

decided: September 8, 1987.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, 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 Cecil Dean, No. B-242876.

COUNSEL

C. Neil Petersen, with him, Joseph F. Keener, and G. Roger Bowers, for petitioner.

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

[ 109 Pa. Commw. Page 192]

Southeastern Pennsylvania Transportation Authority (SEPTA) petitions for review of an order of the Unemployment

[ 109 Pa. Commw. Page 193]

Compensation Board of Review (Board) which affirmed a referee's award of unemployment compensation benefits to Cecil Dean (Claimant).

Claimant applied to the Office of Employment Security (OES) for unemployment compensation benefits but his application was denied because OES determined that he had voluntarily terminated his employment without cause of a necessitous and compelling nature within the meaning of Section 402(b) of the Pennsylvania Unemployment Compensation Law (Law).*fn1 Claimant appealed. On June 7, 1985, a hearing was held before a referee who reversed the determination of OES and granted unemployment compensation benefits to Claimant. SEPTA appealed to the Board, and on August 22, 1985, the Board affirmed the decision of the referee.

On appeal to this court, SEPTA asserts that the Board erred in affirming the referee's award of benefits because Claimant voluntarily terminated his employment without cause of a necessitous and compelling nature. In the alternative, SEPTA asserts that the case should be remanded to the Board for the purpose of holding an additional evidentiary hearing.

The facts as found by the referee are as follows:

1. The claimant was last employed by S.E.P.T.A. Transportation Systems as a Transportation Systems Specialist Complex for approximately six months at the final rate of $32,474 per year. His last day of work was March 9, 1985.

2. The claimant voluntarily terminated such employment as he had been reduced ...


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