43 Pa. Commw. 541 | Pa. Commw. Ct. | 1979
Opinion by
Voluntary termination of employment without necessitous and compelling reason
Frances Bouselli, on her doctor’s advice, obtained a maternity leave of absence
Unavailability for work based on the referee’s finding that Bouselli was not “realistically attached to the labor force ’ ’ is the issue before us.
For the reader who has not had the benefit of our repeated pronouncements, we say again that when the decision of the Board is against the party having the burden of proof, the reviewing court in the absence of an error of law or a showing of fraud merely deter
In the record, there are two medical reports of Bouselli’s ability to work: (1) a Bureau certification form executed by her physician dated June 1, 1977, indicating that Bouselli was unable to accept gainful employment as of May 29, 1977 and that he was at that time uncertain as to when she would be available for gainful employment; and (2) a note by the same physician that in his opinion Bouselli was able to work during her pregnancy, subject, however, to a change in her regular duties to avoid possible harmful medical effects.
This development, that Bouselli could in fact work, was presented for the first time at the referee’s hearing, undated and without any indication of its timeliness with relation to the opinion given on the Bureau certification form. Moreover, it contained no explanation of why the physician’s medical opinion had changed and no admission by the physician that an
Accordingly, we
Order
And Now, this 25th day of June, 1979, the order of the Unemployment Compensation Board of Review dismissing Petitioner’s claim for benefits is affirmed.
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) (hereinafter cited as Law).
Section 401(d) of the Law, 43 P.S. §801 (d).
See note 2, supra.
Bouselli was three months pregnant at the time she requested a leave of absence.
The note indicated that Bouselli was able to work during pregnancy, but recommended that she not work in her present profession because of the long hours she would be required to stand and the chemicals she would inhale, both of which would be harmful.