DocketNumber: Appeal, No. 1174 C.D. 1977
Citation Numbers: 43 Pa. Commw. 95
Judges: Blatt, Craig, Crumlish
Filed Date: 5/29/1979
Status: Precedential
Modified Date: 6/24/2022
Opinion by
Kenwar, Inc. (employer) appeals from the award of unemployment compensation benefits to June F. Johnson (Claimant). The Bureau of Employment Security had denied benefits under Section 402(b) (1) of the Unemployment Compensation Law
The Board found that
[s]ince the claimant did not present a medical certificate she was not allowed to continue her employment.
It then concluded that, inasmuch as the employer’s demand for such certificate under the circumstances here indicated was unreasonable, it was therefore cause of a necessitous and compelling nature for the claimant’s quitting. We disagree.
In the first place, the Board’s finding that the claimant was not allowed to return to work seems, to us, inconsistent with a conclusion that she voluntarily terminated her employment
The order of the Board granting benefits is therefore reversed.
Order
And Now, this 29th day of May, 1979, the order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby reversed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b) (1).
In fact, this finding implies that she was terminated by her employer, a position for which there may be some support in the record. If she had been discharged, then the issue for the compensation authorities would be whether she was discharged for willful misconduct under Section 402(e). However, the parties have proceeded throughout the ease on the theory of voluntary quit, and we have no authority to substitute on appeal a legal issue entirely different from that litigated below.
The testimony was as follows :
[Referee]: Alright, in other words, you voluntarily terminated your own employment because you could not produce a doctor’s certificate is that correct?
[Claimant]: I guess.
[Referee] : Well now, I am asking you, I want you to decide.
[Claimant] : Yes.