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McCurry v. Unemployment Compensation Board of Review

July 24, 2009

LINDA L. MCCURRY, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: Senior Judge Kelley

Submitted: June 19, 2009

BEFORE: HONORABLE DAN PELLEGRINI, Judge, HONORABLE JOHNNY J. BUTLER, Judge, HONORABLE JAMES R. KELLEY, Senior Judge.

OPINION NOT REPORTED

MEMORANDUM OPINION

Linda L. McCurry (Claimant) petitions, pro se, for review of an order of the Unemployment Compensation Board of Review (Board) affirming the decision of a Referee that denied Claimant's application for benefits pursuant to Section 402(b) of the Unemployment Compensation Law (Law).*fn1 We affirm.

Claimant filed a claim for benefits with the Philadelphia Unemployment Compensation Service Center upon the termination of her employment as a bank teller supervisor for PNC Bank (Employer). The Service Center representative issued a determination denying her claim for benefits pursuant to Section 402(b) of the Law.

Claimant appealed this determination and a hearing was conducted before a Referee on September 25, 2008. On October 2, 2008, the Referee issued a decision disposing of Claimant's appeal in which he made the following relevant findings of fact:

2. The claimant felt that she was suffering from work-related stress.

3. The claimant was under a doctor's care for stress.

4. The claimant was advised by her doctor to leave this employment due to her stress.

5. Therefore, effective June 13, 2008 the claimant took an early retirement from this employment.

6. Prior to retiring the claimant did not supply the employer with any medical documentation outlining the specifics of what was causing her work-related stress.

7. Continuing work was available for the claimant had she desired ...


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