T. Scott v. UCBR
125 C.D. 2017
| Pa. Commw. Ct. | Dec 20, 2017Background
- Claimant Theresa Scott worked as a full-time Compliance Supervisor for Allegheny County Human Services from Oct 2011 to May 10, 2016 at $25/hour.
- She requested an accommodated adjusted schedule for health reasons; the employer initially accommodated.
- She was on FMLA leave after exhausting leave; was told to return by May 9, 2016, or termination would occur.
- She returned to work on May 10, 2016, but did not work after that date due to health relapse.
- She did not notify HR of ongoing inability to work or missing accommodations; she later broke her wrist in a car accident (May 21, 2016).
- Employer suspended her for failures to return to work; Claimant did not contact to discuss accommodations; she did not notify when released to full duty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Petition for Review | Scott’s counsel timely mailed the petition; USPS delay caused untimeliness | Board properly argues petition untimely under RAP 1512 and 1514 | Petition timely nunc pro tunc relief granted; Board's motion denied |
| Whether Scott voluntarily terminated employment under 402(b) | Scott did not resign or quit; employer caused termination | Scott abandoned work by not returning or contacting employer | Scott voluntarily quit; ineligibility under 402(b) affirmed |
| Whether health issues and accommodation constituted necessitous and compelling reason | Health issues and lack of accommodation justify quitting | Claimant failed to inform/obtain accommodation; no necessitous and compelling reason | No necessitous and compelling reason; Board affirmed ineligibility |
Key Cases Cited
- Nolan v. Unemployment Compensation Board of Review, 797 A.2d 1042 (Pa. Cmwlth. 2002) (voluntary termination may be found where employee leaves without notifying employer)
- Iaconelli v. Unemployment Comp. Bd. of Review, 892 A.2d 894 (Pa. Cmwlth. 2006) (absence without return can show voluntary quit)
- Simpson v. Unemployment Comp. Bd. of Review, 395 A.2d 309 (Pa. Cmwlth. 1978) (absence without informing when returning can show voluntary quit)
- Criss v. Wise, 781 A.2d 1156 (Pa. 2001) (denied nunc pro tunc relief for mail delay (not controlling here))
- Bass v. Commonwealth, 401 A.2d 1133 (Pa. 1979) (nunc pro tunc relief available for non-negligent, very short delays with no prejudice)
- Cook v. Unemployment Compensation Board of Review, 671 A.2d 1130 (Pa. 1996) (expounds Bass nunc pro tunc standard)
- McCarthy v. Unemployment Comp. Bd. of Review, 829 A.2d 1266 (Pa. Cmwlth. 2003) (Board credibility determinations, substantial evidence standard)
- Doyle v. Unemployment Comp. Bd. of Review, 58 A.3d 1288 (Pa. Cmwlth. 2013) (scope of review on Board decisions)