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39 Pa. Commw. 564

Fallack v. Commonwealth

Commonwealth Court of Pennsylvania

Decided January 8, 1979

Commonwealth Court of Pennsylvania · decided 1979-01-08

Cited by 2 later decisions — most recently August 1982

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-08

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¶1Opinion by

Judge Wilkinson, Jr.,

¶2The Unemployment Compensation Board of Review (Board) denied claimant’s application for benefits based on the following Finding of Fact.

2. Claimant voluntarily terminated her employment because she was dissatisfied with the working conditions; also, she wished to relocate in Florida.

¶3We affirm.

¶4Claimant became dissatisfied with her work when, in January, 1974, her office location was moved, increasing her travel time. One of the reasons for the move was to have her work on accounts payable put on a data processing system. She was reassigned other accounting work but her pay was not reduced. Although dissatisfied with her new work assignment she continued to work until May of 1976. She learned of possible job opportunities in Florida, quit, and went to Florida.

¶5An examination of the record, and especially claimant’s own testimony, amply supports the Board’s finding.

¶6A hearing on claimant’s application was held in Florida with the Florida referee conducting that hear*566ing as an Agent for Board. Claimant objects that she did not have an opportunity to cross-examine her employer’s representative or to present rebuttal testimony. She has requested a remand for this purpose. We do not see that a remand is appropriate, especially under these circumstances where the burden is upon the claimant and the Board has found against her based on her own testimony.

¶7Accordingly, we will enter the following

¶8Order

¶9And Now, January 8,1979, the Order of the Unemployment Compensation Board of Review at No. B-147331, dated July 12, 1977, is hereby affirmed.

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