38 Pa. Commw. 569 | Pa. Commw. Ct. | 1978
Opinion by
This is an appeal from an order of the Unemployment Compensation Board of Review (Board) affirming the referee’s decision, denying unemployment compensation benefits to Denise M. Bigley (Claimant).
3. Again on January 10, 1977, the claimant talked with the store manager about being transferred, and the manager indicated he would see what he could do.
4. The claimant voluntarily terminated her employment because she felt the store manager was not treating her fair.
These findings of fact are the crux of the Claimant’s argument in the instant appeal.
Our scope of review is limited to questions of law and, absent fraud, a determination of whether or not the findings of fact are supported by substantial evidence. Meneely v. Unemployment Compensation Board of Review, 28 Pa. Commonwealth Ct. 613, 369 A.2d 506 (1977).
As we have noted, Claimant was employed as a stock girl, a job which entailed lifting and carrying cartons of oil. In mid-December of 1976 Claimant had a pregnancy test, at the Allegheny Women’s Clinic, which proved to be positive. Thereafter, she immediately approached her supervisor to tell him she was pregnant. Claimant requested that she be trans
On January 10, 1977, Claimant, her husband and her employer were involved in a confrontation regarding her requested change to lighter work. Although the Claimant contends that she was discharged at that time, the Bureau, the referee and the Board found that she voluntarily quit her job. There is substantial evidence in the record to support that finding.
Claimant’s principal contention is that she terminated her employment for necessitous and compelling reasons. The burden of proving that contention is upon the Claimant. The criteria for determining whether such reasons exist are that the Claimant must (1) introduce competent testimony that at the time of termination adequate health reasons existed to justify termination (2) inform the employer of the health problems and (3) specifically request the employer to transfer him to a more suitable position. Deiss v. Unemployment Compensation Board of Review, 475 Pa. 547, 381 A.2d 132 (1977).
. There is no question that Claimant complied with the second and third requirements set forth in Deiss, supra, but it must be noted that when Claimant requested more suitable work, she was informed that her request would be granted. However, it is clear from the record that the request was not being granted soon enough to suit the Claimant. Be that as it may, Claimant has failed to prove that at the time of termination she had adequate health reasons to justify termination. The only evidence submitted for the consideration of the referee and Board on that point was (1) the Claimant’s testimony that she was having some back pains and (2) a doctor’s certificate, dated
In summary, we affirm the Board’s conclusion that Claimant has failed to meet her burden of proving that she quit for compelling and necessitous reasons.
Accordingly, we will affirm the Board’s order.
Order
And Now, this 24th day of November, 1978, the order of the Unemployment Compensation Board of Review, dated June 15, 1977, denying benefits to Denise M. Bigley, is affirmed.