69 Pa. Commw. 117 | Pa. Commw. Ct. | 1982
Opinion by
In the instant case, the Claimant,
The Commonwealth and Claimant’s employer
In the case now before us, Claimant terminated his employment but testified that he was “forced” to do so by virtue of the circumstances existing at the time of termination. Our case law is to the effect that where the claimant has quit voluntarily, it is his burden to show cause of a necessitous or compelling reason for doing so. Aluminum Company of America v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 78, 324 A.2d 854 (1974). Claimant was the sole witness in support of his case. The employer had two witnesses and a Mr. Paul
Whether or not prejudice exists can only be decided on a case by case basis. In this case, we are of the
Being satisfied under Katz, Robinson and Snow, that the Claimant is entitled to a remand, it will be so ordered.
Order
The order of the Unemployment Compensation Board of Review in Decision No. B-196311 is reversed and the case is remanded to the Board for further proceedings not inconsistent with this opinion.
Karl R. Linke.
Hospital of the University of Pennsylvania.
The author of this opinion dissented in Robinson.
There is no indication that Mr. Paul was a member of the bar.