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RICKY L. WEAVER v. COMMONWEALTH PENNSYLVANIA (07/18/88)

decided: July 18, 1988.

RICKY L. WEAVER, 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 Ricky L. Weaver, No. B-257563.

COUNSEL

Michael Goldberg, for petitioner.

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

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

Author: Smith

[ 117 Pa. Commw. Page 645]

Ricky L. Weaver, Claimant, appeals from a denial of benefits by the Unemployment Compensation Board of Review (Board) pursuant to Section 402(b) of the Pennsylvania Unemployment Compensation Law (Law).*fn1 The issues presented in this appeal are whether Claimant voluntarily terminated his employment without cause of a necessitous and compelling nature, and whether Claimant was unemployed through no fault of his own at the time of his claim for benefits. The Board's decision is affirmed.

The findings of fact as found by the referee and adopted by the Board are as follows:

[ 117 Pa. Commw. Page 6461]

. Claimant was last employed by John J. Stumpf, Jr., Inc. as a truck driver/laborer at $13.64 per hour. He worked there 2 1/2 years and his last day of work was 10/31/86.

2. Claimant, who had been treated for alcoholic and drug addiction, was having marital problems and after having seen his wife with another man, he came [sic] intoxicated and 'drew a gun' on that other man.

3. The day following the above incident, the claimant was arrested and because he felt that if he stayed in the Lancaster area, he would kill his wife, so he therefore went to Atlanta, Georgia where he admitted himself to a hospital for treatment of nerves.

4. Under the above circumstances, the claimant left his work while continued work was available to him.

Subsequent to terminating his employment, Claimant filed for unemployment compensation benefits effective January 17, 1987. The Office of Employment Security (OES) determined that Claimant was ineligible for benefits under Section 402(b) of the Law. On appeal by Claimant, the OES was affirmed by the referee whose decision was affirmed by the Board. The referee found, as adopted by the ...


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