Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Suzette Watkins v. Unemployment Compensation Board of Review

August 17, 2012

SUZETTE WATKINS, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: P. Kevin Brobson, Judge

Submitted: June 22, 2012

BEFORE: HONORABLE DAN PELLEGRINI, President Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge

OPINION BY JUDGE BROBSON

Petitioner Suzette Watkins (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board). The Board affirmed the decision of an Unemployment Compensation Referee (Referee) and denied Claimant unemployment compensation benefits under Section 402(b) of the Unemployment Compensation Law (Law).*fn1 For the reasons set forth below, we affirm on alternative grounds.

Claimant was employed by Colonial Intermediate Unit 20 (Employer) as a full-time special education teacher, beginning January 26, 2011. (Reproduced Record (R.R.) at 1a.) Following an unpaid leave from employment, Claimant filed a claim for unemployment compensation benefits. (Certified Record (C.R.), Item No. 2.)On June 3, 2011, the Allentown UC Service Center (Service Center) issued a Notice of Determination and denied Claimant benefits under Section 402(b) of the Law. (C.R., Item No. 8.) Claimant appealed the determination.

(C.R., Item No. 9.)

On September 8, 2011, the Referee conducted a hearing. (R.R. at 7a.) The issue before the Referee was whether Claimant had a necessitous and compelling reason to leave her employment. (Id. at 2.) The Referee concluded that Claimant failed to establish a necessitous and compelling reason for voluntarily terminating her employment, and, therefore, the Referee affirmed the determination of the Service Center. (Id. at 3a.) In so doing, the Referee issued the following findings of fact:

1. The claimant was last employed full-time as a special education teacher at a residual treatment center by Colonial Intermediate Unit 20 from January 2006 at a final rate of pay of $53,000 a year and her last day of work was March 7, 2011.

2. Twelve years ago, the claimant was diagnosed with a brain tumor and underwent surgery in 2005 with no complications.

3. In November 2008, the claimant began experiencing pain on the left side of her face and was diagnosed with Trigeminal Neuralgia caused by nerve deterioration in her face.

4. The Trigeminal Neuralgia (TN) causes the claimant to experience a range of pain from mild twitches to intense pain, lasting a few seconds to longer durations in an unpredictable pattern.

5. In November 2008, the claimant informed her supervisor about the TN diagnosis.

6. In March 2010, the claimant requested an accommodation to receive assistance in completing time sensitive paperwork and in meeting required deadlines.

7. The employer accommodated the claimant's request by allowing the master teacher to assist ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.