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CHARLOTTE FRANK v. COMMONWEALTH PENNSYLVANIA (03/20/89)

decided: March 20, 1989.

CHARLOTTE FRANK, 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 Charlotte Frank, No. B-265816.

COUNSEL

Barbara L. Smith, Mahany, Roeder & Smith, for petitioner.

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

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

Author: Narick

[ 124 Pa. Commw. Page 300]

Charlotte Frank (Claimant) petitions for our review of an order of the Unemployment Compensation Board of Review (Board) denying her unemployment compensation benefits pursuant to Section 3 of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 752.

Claimant was employed as a part-time hostess and bookkeeper by the Sanray Corporation (Perkins Restaurant) (Employer) from November 1, 1978 to September 20, 1987. In January 1987, Claimant was arrested and charged with two counts of welfare fraud. She entered a

[ 124 Pa. Commw. Page 301]

    guilty plea to one count of welfare fraud in May 1987. She was sentenced on August 26, 1987 to serve 2 1/2 to 23 months in jail. Claimant's supervisor was aware of the charges against Claimant and of her subsequent guilty plea and sentence.

Despite Claimant's conviction, she was allowed to continue working. When Claimant was about to begin her jail term, her supervisor suggested that she apply for a leave of absence and made the request on her behalf. The request was denied, apparently after Claimant was incarcerated. When she was released on November 13, 1987, she was informed that her request for a leave of absence had been denied, that her position had been filled, and that she had been terminated.

Upon Claimant's application for benefits, the Office of Employment Security (OES) denied benefits on the basis of Section 402(b) of the Law, 43 P.S. § 802(b) (voluntary termination of employment without cause of a necessitous and compelling nature). Claimant appealed and a referee, with the parties' consent, denied benefits under Section 3 of the Law. The Board affirmed the referee's denial of benefits and this appeal followed.

Our scope of review on appeal is limited to a determination of whether constitutional rights have been violated, an error of law has been committed, or whether necessary findings of fact are not supported by substantial competent evidence. Section 704 of the Administrative Agency Law, 2 Pa. C.S. § 704; Kirkwood v. Unemployment Compensation Board of Review, 106 Pa. Commonwealth Ct. 92, 525 A.2d 841 (1987). The issues Claimant raises for our ...


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