Martucci v. Unempl. Comp. Bd. of Review

Full title: R. W. Martucci, Petitioner v. Commonwealth of Pennsylvania, Unemployment…

Court: Commonwealth Court of Pennsylvania

Date published: Feb 20, 1979

397 A.2d 882 (Pa. Cmmw. Ct. 1979)

397 A.2d 882

Opinion

Argued February 5, 1979

February 20, 1979.

Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof — Dissatisfaction with working conditions.

1. An employe voluntarily terminating employment is ineligible for unemployment compensation benefits unless he proves that such termination was for cause of a necessitous and compelling nature, and dissatisfaction with working conditions is not such a cause. [523-4]

Argued February 5, 1979, before Judges ROGERS, DiSALLE and MacPHAIL, sitting as a panel of three.

Appeal, No. 1795 C.D. 1977, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Robert Martucci, No. B-148345.

Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Robert W. Martucci, petitioner, for himself.

Michael Klein, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

OPINION BY JUDGE ROGERS, February 20, 1979:

The sole issue in this appeal is whether the appellant, R. W. Martucci, an unemployment compensation claimant, had necessitous and compelling cause to leave his work as a security investigator for Provident National Bank. On this issue, Mr. Martucci had the burden of proof. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977). He testified to a personality conflict with his immediate supervisor which caused him stress which, in turn, led to his decision to quit his work in the interest of his health. He offered no medical testimony and in the course of describing his discomfiture at work volunteered that he "probably could have stuck it out." The referee and the Board properly decided that Mr. Martucci had left his work because of dissatisfaction with his working conditions, a cause which has been consistently held not to be necessitous and compelling. Knox v. Unemployment Compensation Board of Review, 12 Pa. Commw. 588, 317 A.2d 60 (1974).

Order affirmed.

ORDER

AND NOW, this 20th day of February, 1979, the order of the Unemployment Compensation Board of Review dated August 8, 1977, is affirmed.