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Maltese Unemployment Compensation Case

Maltese Unemployment Comp. Case, 152 A.2d 773 (Pa. Super. Ct. 1959)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
July 6, 1959
Docket
Nos. , No. 209
Judges
Ervin, Gunther, Hirt, Rhodes, Watkins, Woodside, Wright
Citations
152 A.2d 773190 Pa. Super. 1231959 Pa. Super. LEXIS 630
Cited by 6

Opinion of the Court — Watkins

Text extracted by OCR from a scanned original; check the original for exact wording.

Opinion by Watkins, J.,

This is an unemployment compensation case in which the claimant was demed benefits under the provision that, “Ms unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature . . .” Section 402(b) of the Unemployment Compensation Law, 43 PS §802(b). The Bureau of Employment Security, the Referee and the Board of Review, all, so decided.

The board found that the claimant, Carolyn M. Maltese, was last employed as a file clerk by the Curtis Publishing Company, PMladelpMa, Pennsylvania; that her last day of work was April 12, 1957; that she left work without requesting a leave of absence or did not indicate any future intention of resuming work; that in a discussion with the company’s physician she claims she was ups’et because she was unable to take care of her cMld and keep house while working; and that she did not get in touch with her employer again until December of 1957, when she sought reemployment and there was no work available. These findings are supported by competent evidence and therefore binding *125 on this Court. Antinopoulas Unemployment Compensation Case, 185 Pa. Superior Ct. 76 , 137 A. 2d 921 (1958).

In the application of these facts, we agree with the board that it is incumbent upon an employe who finds it necessary to leave work, to take reasonable steps to maintain the employment relationship. Flannick Unemployment Compensation Case, 168 Pa. Superior Ct. 606 , 82 A. 2d 671 (1951); Burton Unemployment Compensation Case, 180 Pa. Superior Ct. 255 , 119 A. 2d 868 (1956); Junda Unemployment Compensation Case, 188 Pa. Superior Ct. 254 , 146 A. 2d 344 (1958). Failing to do so the claimant is deemed to have voluntarily left employment without a necessitous reason within the meaning of Section 402(b).

Decision affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1959: 11961: 11976: 11979: 11986: 11990: 119592026peak 1959 · 1

Relies on it most ⓘ

  1. Yellow Cab Co. v. California Unemployment Insurance Appeals Board194 Cal. App. 2d 343 (1961)
  2. Forsman v. Employment Security Department795 P.2d 1184 (Wash. Ct. App. 1990)
  3. Grier v. Department of Employment Security715 P.2d 534 (Wash. Ct. App. 1986)
  4. Redevelopment Authority v. Commonwealth405 A.2d 1061 (Pa. Commw. Ct. 1979)
  5. Eckley Unemployment Compensation Case155 A.2d 427 (Pa. Super. Ct. 1959)
  6. Unemployment Compensation Board of Review v. Brown350 A.2d 445 (Pa. Commw. Ct. 1976)

Most recent

  1. Forsman v. Employment Security Department795 P.2d 1184 (Wash. Ct. App. 1990)
  2. Grier v. Department of Employment Security715 P.2d 534 (Wash. Ct. App. 1986)
  3. Redevelopment Authority v. Commonwealth405 A.2d 1061 (Pa. Commw. Ct. 1979)
  4. Unemployment Compensation Board of Review v. Brown350 A.2d 445 (Pa. Commw. Ct. 1976)
  5. Yellow Cab Co. v. California Unemployment Insurance Appeals Board194 Cal. App. 2d 343 (1961)
  6. Eckley Unemployment Compensation Case155 A.2d 427 (Pa. Super. Ct. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Flannick Unemployment Comp. Case, 82 A.2d 671 (Pa. Super. Ct. 1951) 29
Burton Unemployment Comp. Case, 119 A.2d 868 (Pa. Super. Ct. 1956) 6
Junda Unemployment Comp. Case, 146 A.2d 344 (Pa. Super. Ct. 1958) 4
Antinopoulas Unemployment Comp. Case Ambridge Sav. & Loan Ass'n v. Unemployment Comp. Bd. of Review, 185 Pa. Super. 76 (1958) 7

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