Opinion
Argued March 5, 1976
May 21, 1976.
Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — Cause of necessitous and compelling nature — Health — Medical evidence.
1. An employe voluntarily terminating employment is ineligible for benefits under the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, unless she proves that such termination was for a cause of necessitous and compelling nature. [570]
2. In an unemployment compensation case an employe does not establish that her voluntary termination of employment was for a cause of necessitous and compelling nature by unsubstantiated statements that the employment adversely affected her health without the benefit of medical testimony as to her condition at the time of termination. [570]
Judge KRAMER did not participate in this decision.
Argued March 5, 1976, before Judges CRUMLISH, JR., KRAMER and ROGERS, sitting as a panel of three.
Appeal, No. 1304 C.D. 1975, from the Order of the Unemployment Compensation Board of Review in case of Annetta Jane Lego, No. B-125570B.
Application to Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
James T. Marnen, with him Stephen A. Tetuan, and Silin, Eckert, Burke, Siegel Roseman, for appellant.
Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
The critical issue in this appeal from the decision and orderof the Unemployment Compensation Board of Review is whether Annetta Jane Lego (Claimant) voluntarily quit her employment with cause of a necessitous and compelling nature.
Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 802(b)(1).
It is undisputed Claimant voluntarily quit, and it is alleged she did so because she was physically incapable of continuing in her job. Since she voluntarily terminated her employment, the burden rests upon her to show cause of a necessitous and compelling nature. Unemployment Compensation Board of Review v. Holtz, 19 Pa. Commw. 316, 338 A.2d 316 (1975).
Claimant suffered a gunshot wound in her left foot in 1951. As a result of this incident, she wore a special canvas shoe while working. Even with the aid of this shoe, it is alleged she was physically incapable of continuing her job.
Where, as here, she did not consult a physician, her unsupported statement that the work adversely affected her health is insufficient, of itself, to establish good cause for leaving. Taylor v. Unemployment Compensation Board of Review, 19 Pa. Commw. 391, 338 A.2d 702 (1975). Further, we note that her physician's statement obtained after she quit is of little evidentiary value unless the letter explains and supports the reasons as they existed as of that date, since the letter of Claimant's physician does not adequately explain and buttress the health reasons as they existed on the date of her termination, and having carefully reviewed the record, we conclude there is substantial evidence of record to support the Board's decision and order. See Elshinnawy v. Commonwealth, 12 Pa. Commw. 597, 317 A.2d 332 (1974). Under these circumstances, we are under a duty to affirm the Board. Therefore, we
There is no evidence of record that Claimant sought medical advice during the period of employment in question.
ORDER
AND NOW, this 21st day of May, 1976, the decision and order of the Unemployment Compensation Board of Review denying Annetta Jane Lego benefits is affirmed.