E. Davis v. UCBR, 339 C.D. 2017

Edna D. Davis (Claimant) stopped working for GGNSC; last day was September 8, 2016, and she applied for unemployment benefits.
The Erie Service Center initially found Claimant eligible; Employer appealed. A Referee held a hearing on December 1, 2016, at which neither party appeared and decided on the written record.
The Referee reversed the Service Center, finding Claimant ineligible under Sections 401(d)(1) (ability/availability) and 402(b) (voluntary quit without necessitous and compelling cause).
The Unemployment Compensation Board of Review (Board) affirmed, concluding Claimant both rebutted the presumption of availability by stating she was "not able to work due to [her] medical condition" and failed to prove a necessitous and compelling reason for leaving employment.
Employer reported Claimant as a no-call/no-show and alleged job abandonment; the record lacked evidence Claimant made reasonable efforts to preserve employment or evidence showing she was able and available for suitable work.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Claimant voluntarily quit without necessitous and compelling cause	Davis says she left because of lack of work stemming from a medical condition and had medical restrictions making only light duty possible	Employer/Board say she voluntarily left (leave of absence / no-call no-show) and did not prove necessitous and compelling cause or efforts to preserve employment	Court held Davis failed to prove necessitous and compelling cause; affirmed ineligibility under §402(b)
Whether Claimant was able and available for suitable work under §401(d)(1)	Davis contends she was able and available for work consistent with her medical restrictions	Board notes Claimant stated she was "not able to work," rebutting the presumption of availability and shifting burden to her to prove ability and opportunity	Court concluded (if reached) the record lacked evidence Davis met burden; Board did not err in finding ineligibility under §401(d)(1)

Wasko v. Unemployment Comp. Bd. of Review, 488 A.2d 388 (Pa. Cmwlth. 1985) (standard for appellate review of necessitous and compelling cause questions)
Fitzgerald v. Unemployment Comp. Bd. of Review, 714 A.2d 1126 (Pa. Cmwlth. 1998) (burden on claimant who voluntarily quits to prove necessitous and compelling reasons)
Comitalo v. Unemployment Comp. Bd. of Review, 737 A.2d 342 (Pa. Cmwlth. 1999) (elements required to establish necessitous and compelling cause)
Rohde v. Unemployment Comp. Bd. of Review, 28 A.3d 237 (Pa. Cmwlth. 2011) (presumption of ability and availability and claimant’s burden once rebutted)
Clairton Mun. Auth. v. Unemployment Comp. Bd. of Review, 639 A.2d 921 (Pa. Cmwlth. 1994) (referee discretion to decide on record if parties absent)
B.K. v. Dep’t of Pub. Welfare, 36 A.3d 649 (Pa. Cmwlth. 2012) (appellate courts may not consider documents not in certified record)