51 Pa. Commw. 97 | Pa. Commw. Ct. | 1980
Opinion by
The Unemployment Compensation Board of Review denied unemployment compensation benefits to Michael DeNofa pursuant to Section 402(b)(1) of the Unemployment Compensation Law
• DeNofa was last employed as a clerk by The Yellow Cab Company. On May 19, 1978, he terminated his employment contending that there had been a substantial change in its terms and conditions which adversely affected his health; in particular, that his work load had been substantially increased without additional compensation or aid.
The burden of proving -a necessitous and compelling reason for leaving employment rests with
The record discloses that one week prior to his termination, DeNofa was transferred to a new garage with a greater number of cabs. However, the nature of the work at the new garage was substantially the same as that which he had performed at his previous work location and there were sufficient clerks to handle the increased work load.
In light of this evidence, we must conclude that De-Nofa has not met his burden of proof.
Moreover, a claimant seeking to show that he has terminated his employment for a necessitous and compelling health reason must adduce some medical evidence to support his allegation that a physical disability justifies his decision to quit.
DeNofa was not under a doctor’s care at the time of his separation and produced no medical evidence of health problems.
Accordingly, we
Order
And Now, this 29th day of April, 1980, the order of the Unemployment Compensation Board of Review
Act of December 5, 1936, Second Ex. Sess., P.L.. (1937) 2897, as amended, 43 P.S. §802(b) (1).