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JAYNE MATVEY v. COMMONWEALTH PENNSYLVANIA (09/30/87)

decided: September 30, 1987.

JAYNE MATVEY, 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 In Re: Claim of Jayne Matvey, No. B-250622.

COUNSEL

Thomas F. Putinsky, for petitioner.

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

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

Author: Narick

[ 109 Pa. Commw. Page 592]

This is an appeal by Jayne Matvey (Claimant) from a decision of the Unemployment Compensation Board of

[ 109 Pa. Commw. Page 593]

Review (Board) affirming a referee's denial of benefits to Claimant 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).*fn1 We affirm.

Claimant was employed by Kurt J. Lesker Company (Employer) as an operations manager for approximately thirteen months, with her last day of work being August 30, 1985. As operations manager, Claimant's job responsibilities involved the running of the company's computer system.

On September 9, 1985, Claimant filed an application for unemployment compensation benefits and received weekly benefits from September 21, 1985 until January 18, 1986. However, Claimant's benefits were terminated due to a determination by the Office of Employment Security (OES) that Claimant voluntarily terminated her employment without cause of a necessitous and compelling nature. Claimant appealed the OES determination and the referee denied benefits concluding that Claimant was not discharged but had voluntarily terminated her employment. Claimant appealed the referee's decision and the Board affirmed the referee. Hence, this appeal by Claimant.

The issues presented for our consideration on appeal are: (a) whether substantial evidence exists to support the findings of the Board that Claimant voluntarily terminated her employment; (b) whether Claimant voluntarily terminated her employment without cause of a necessitous and compelling nature; and (c) whether there is substantial evidence to support the Board's

[ 109 Pa. Commw. Page 594]

    findings that Claimant's actions support a determination that a fault ...


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