Duquesne Light Co. v. Commonwealth
Duquesne Light Co. v. Commonwealth
Opinion of the Court
Opinion by
In this appeal by an employer from a grant of unemployment compensation benefits, the question of law is whether the claimant had “cause of a necessitous and compelling nature”
In Unemployment Compensation Board of Review v. Holohan, 20 Pa. Commonwealth Ct. 381, 341 A.2d 587 (1975), we held that even the elimination of some fringe benefits did not constitute compelling cause to terminate. In Duquesne Light Co. v. Unemployment Compensation Board of Review, 62 Pa. Commonwealth Ct. 252, 436 A.2d 257 (1981), a recent case involving another employee of the present employer who retired at almost the same time under like circumstances, as determined in similar board findings, we followed Holohan in reversing the allowance of benefits. This case is controlled by those two decisions.
Now, January 11,1982, decision No. B-181795-B of the Unemployment Compensation Board of Beview, dated June 23, 1980 in appeal No. B-79-8-I-652 is reversed and benefits are denied.
Order
Now, January 18,1982, our order dated January 11, 1982, in this case is hereby vacated and it is hereby ordered that:
Decision No. B-183619-B of the Unemployment Compensation Board of Beview, dated September 30, 1980, in appeal No. B-79-7-K-547 is reversed and benefits are denied.
Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, 43 P.S. §802 (b)(1).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.