Livingstone v. Commonwealth
Livingstone v. Commonwealth
Opinion of the Court
Opinion by
Frances E. Livingstone here seeks review of an order of the Unemployment Compensation Board of Review denying her claim for unemployment compensation benefits on the ground that her unemployment was due to having voluntarily quite her job without cause of a necessitous and compelling nature.
The claimant was last employed in the Perlite Division of the Allied Block and Chemical Corporation where she operated a machine which accomplished
The referee appears to have rejected the claimant’s position but has made no specific findings concerning the existence of a dust hazard at her work station. Instead the referee, affirmed by the board, merely makes reference to an investigation purportedly undertaken by the United States Occupational Safety and Health Administration which, we are told, failed to culminate in any citations or other enforcement action against the employer. The referee draws no explicit conclusion from this factual circumstance, however, and, inasmuch as there is no evidence of such an investigation or of its scope or result in the record certified to this Court, we are compelled to return this matter to the Board for further proceedings including, at least, the resolution by means of appropriate factual findings of the issue of whether there was a hazard at the claimant’s work station sufficient to constitute necessitous and compelling reason for her voluntary cessation of employment.
Reversed and remanded.
And Now, this 19th day of April, 1983, the order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby reversed and the record is remanded for further proceedings consistent with this opinion. The jurisdiction of this Court is hereby relinquished.
See Section 402(b) of tbe Unemployment Compensation Law, 43P.S. §802(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.