34 Pa. Commw. 457 | Pa. Commw. Ct. | 1978
Opinion by
This is an appeal from a decision of the Unemployment Compensation Board- of Review which dis
Claimant was employed as an inspector by L. Prank Markel & Sons for a period of approximately four and a half years. Her notice of resignation contained no reason for her termination of employment, but in response to a question from a co-employee the claimant stated that she had secured other employment. Upon applying for benefits some two weeks after her resignation, the claimant alleged that she left her employment because the job was affecting her health.
The record reveals that claimant was under a doctor’s care during the entire time she was employed at L. Prank Markel & Sons. Her major complaint was that she suffered from an allergic condition which rendered her sensitive to dust. In fact, some two and a half years prior to her resignation, the claimant provided her employer with a note from her allergist which indicated that she was allergic to dust and that she should stay away from dust as much as possible. At that time steps were taken by her employer to cut down on the claimant’s exposure to dust, such as not requiring her to sweep the floors and by installing dust collectors on some of the machinery in her working area. The claimant had no further communication with her employer concerning her allergy. While
It is well established that “physical disability may constitute a necessitous and compelling reason for leaving one’s employment and would not render the employee ineligible for unemployment compensation. ’ ’ Kernisky v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 199, 201, 309 A.2d 181, 183 (1973). A claimant seeking benefits after leaving employment for health reasons must, however, meet certain requirements. First, the employee must inform the employer of the health problems. Elshinnawy v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 597, 317 A.2d 332 (1974). Second, the employee must request a transfer to work which is suitable in light of the health problems. Tollari v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 589, 309 A.2d 833 (1973). Third, the employee must offer “competent testimony that at time of termination, adequate health reasons existed to justify termination.” Deiss v. Unemployment Compensation Board of Review, Pa. , , 381 A.2d 132, 136 (1977). (Emphasis in original.) We find that the claimant has clearly failed to satisfy the first two standards, and therefore need not decide whether claimant has satisfied the criteria set forth in Deiss, supra.
First, we do not believe the note which the claimant gave her employer some two and a half years pri- or to her termination adequately informed the employer of the health problems from which she suf
Accordingly, we will enter the following
Order
And Now, March 30, 1978, the decision of the Unemployment Compensation Board of Review, No. B-138776, dated December 27, 1976, is affirmed.