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WILMA T. MONROE v. COMMONWEALTH PENNSYLVANIA (01/13/88)

decided: January 13, 1988.

WILMA T. MONROE, 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 Wilma T. Monroe, No. B-234405-A.

COUNSEL

Andrew F. Erba, for petitioner.

James K. Bradley, 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

[ 112 Pa. Commw. Page 489]

Wilma T. Monroe (claimant) 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), Act of December 5, 1936, Second Ex. Sess. P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b) (voluntary termination without cause of a necessitous and compelling nature).

This case was previously before this Court, at which time the claimant raised numerous challenges to the Board's denial of benefits. Due to the inadequacy of the Board's findings, however, we were unable to review that decision. Accordingly, the case was remanded to the Board so that it could make the necessary findings.

[ 112 Pa. Commw. Page 490]

On remand, the Board vacated its previous decision and made the following findings:

1. The claimant was last employed by Boyd's Men's Store, as a supervisor in the Layaway Department, for approximately four years, at a final pay rate of $6.00 per hour. The claimant's last day of work was April 3, 1984.

2. Claimant's performance as a supervisor had been excellent prior to October 1983, at which time the claimant became involved with a new religion.

3. After October 1983, the claimant's job performance deteriorated, in that she refused to follow the established employer rules. The claimant believed that the ...


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