 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Jenkins-McNair2/13/2002
Beverly Jenkins-McNair (Claimant) has petitioned this Court to review the determination of the Unemployment Compensation Board of Review (Board), which affirmed the Referee's decision to deny Claimant unemployment benefits because she terminated her employment without cause of a necessitous and compelling nature. We affirm.
Claimant was employed a judge's secretary by the Pennsylvania Department of Labor and Industry, Workers' Compensation Division (Employer). Her last day of employment was October 27, 2000. By letter dated November 15, 2000, she resigned because of "health/stress related reasons" and financial reasons. Notably, on October 17, 2000, Claimant married her spouse who was living in South Carolina.
Claimant sought unemployment benefits on the basis that she quit her job because of "personal and job related stress". Her claim was denied. A hearing was then conducted before a referee during which Claimant asserted that her job was overwhelming because of an increased workload placed on her position. She also testified that her primary care physician was "constant monitoring" her blood pressure but the physician would not provide her with "a note to take a leave of absence." When asked upon cross-examination whether she had ever given any medical documentation to her supervisor or Employer regarding the health problems discussed in the November 15 th resignation-letter, Claimant responded that she did not. Claimant did state that she provided "doctor's notes" when she took time off from work due to health-related problems. Employer testified that Claimant had submitted a note in August regarding her stress.
The referee denied Claimant's appeal and concluded that Claimant presented no evidence to support her allegations that she voluntarily quit her employment for medical reasons. Instead, the referee surmised that she left her employment to relocate to South Carolina to reside with her spouse. The Board affirmed.
Claimant filed a pro se petition for review requesting this Court to make 21 findings of fact and reverse the Board's order. Attached to the petition are Exhibits C (clinical notes dated August 11, 2000 and September 27, 2000), D (clinical notes dated August 12 and 14, 1998), E (undated medical history form), F (clinical notes dated October 2, 1998 and November 11, 1998), G (essential job function description dated October 5, 2000), H (salary upgrade request dated May 22, 2000 and request denial letter dated July 18, 2000) and I (an unsigned and undated personal letter to Claimant on Employer's letterhead). As a preliminary matter, we must disregard Exhibits C through I because they are not properly part of the record before us. Additionally, as to Claimant's request that this Court make findings of fact, we note our review of the Board's decision is limited to determining whether the necessary findings of fact are supported by substantial evidence and whether the Board committed an error of law. We cannot sit in our appellate capacity and accept new evidence or make additional findings of fact.
We distill from Claimant's pro se brief the following issue: the Board erred because Claimant satisfied her burden of proving that "she left for stress related reasons due to a substantial unilateral change in her employment which is just and compelling necessitous good cause to leave her employment ...." Under Section 402(b) of the Unemployment Compensation Law, 43 P.S. ยง 802(b), a claimant who quits work voluntarily without a necessitous and compelling reason is ineligible to receive unemployment benefits. A claimant who alleges that she left for a necessitous and compelling reason has the burden of establishing the existence of
Page 1 2 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|