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PHILIP R. TRUBELHORN v. COMMONWEALTH PENNSYLVANIA (12/22/87)

decided: December 22, 1987.

PHILIP R. TRUBELHORN, 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 Philip R. Trubelhorn, No. B-254828.

COUNSEL

Robert J. Donaghy, Burrell, Waxman, Donaghy & Lee, for petitioner.

Patricia Krise Bilzi, Assistant Counsel, with her, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

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

Author: Macphail

[ 112 Pa. Commw. Page 126]

Petitioner appeals from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's determination that Petitioner was ineligible for benefits under the provisions of Section 402(b) of the Unemployment Compensation Law*fn1 (voluntary quit). We vacate and remand.

Petitioner, the only witness to testify in the case,*fn2 stated that he had been employed by Bell Atlantic for nearly twenty years; that his earnings at the time he terminated his employment were approximately $48,000 per annum; that his wife attended Hahnemann University Medical College for four years and then served a residency for three years at Children's Hospital in Philadelphia; that his wife received scholarship aid to complete her medical education from the National Health Service Corps; that as a condition of that aid, Petitioner's wife was obligated to give service to the United States Government Public Health Service where an indicated need for medical care was critical; that she tried to find a position in Philadelphia which would fulfill that obligation but was unsuccessful in doing so; that she became employed by the State of Florida's Department of Health and Rehabilitative Services in Tampa, Florida where she is obligated to stay for the next three or four

[ 112 Pa. Commw. Page 127]

    years; and that Petitioner resigned his position with Bell Atlantic, sold his home in New Jersey and moved to Florida to join his wife and children.

From this testimony, the referee made the following findings of fact which were adopted by the Board:

1. The claimant was last employed by Bell Atlantic as an engineer at the monthly rate of $4,024.00 per month from June 13, 1966 to July 7, 1986.

2. Claimant left his employment voluntarily to relocate to Florida where his wife was transferred as a result of an agreement to repay a grant from the federal government to complete her education as a medical doctor.

3. The claimant and the employer were aware of the fact that he might have to relocate because of ...


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