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Wise v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

March 25, 2015

Barbra L. Wise, Petitioner
v.
Unemployment Compensation Board of Review, Respondent

Submitted December 12, 2014.

Page 1257

[Copyrighted Material Omitted]

Page 1258

Appealed from No. B-562297. Unemployment Compensation Board of Review.

Lisa Jo Fanelli-Greer, Grantham, for petitioner.

Judith M. Gilroy, Assistant Counsel, Harrisburg, for respondent.

BEFORE: HONORABLE DAN PELLEGRINI, President Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE ANNE E. COVEY, Judge. OPINION BY JUDGE LEAVITT.

OPINION

Page 1259

MARY HANNAH LEAVITT, Judge

Barbra L. Wise (Claimant) petitions for review of an adjudication of the Unemployment Compensation Board of Review (Board) denying her application for unemployment compensation benefits. In doing so, the Board affirmed the Referee's determination that Claimant was ineligible for benefits under Section 402(b) of the Unemployment Compensation Law (Law)[1] because she voluntarily terminated her employment without cause of a necessitous and compelling nature. Finding no error by the Board, we affirm.

Claimant began her employment with Kindred Place (Employer) in October 2011

Page 1260

as an on-call PRN employee providing personal services to Employer's clients.[2] She worked in the PRN position until April 2013 when she accepted a full-time home health aide position with Employer, working 7.5 hours per day for seven to nine days out of a 14-day pay period. Claimant's employment ended in October 2013, and she applied for unemployment compensation benefits. The UC Service Center determined that she had voluntarily resigned, which rendered her ineligible under Section 402(b) of the Law.[3] Claimant appealed, and a hearing was held by the Referee.

Claimant testified that on July 31, 2013, while working as a home health aide, she sustained a back injury. She was off work for several days and then returned to a light-duty position that met her physician's restrictions against lifting or pulling weights in excess of 20 pounds. On October 5, 2013, Claimant left work because of back pain. Claimant's physician then further restricted Claimant to sedentary only work until October 31, 2013. Notes of Testimony, December 20, 2013, at 11-12 (N.T. ).

On October 10, 2013, Claimant met with Employer's Manager, Carol Graham, and its Executive Director, Lauren Clark, to discuss her employment situation. Clark informed Claimant that Employer needed to return Claimant to the on-call PRN ...


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