Legal Opinion · Concurrence

Procito v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided March 17, 2008No. 2402 C.D. 2006Published

1Concurrence

CONCURRING OPINION BY

Judge PELLEGRINI.

Both the majority and Judge Friedman’s dissenting opinion discuss at length the “follow the spouse” doctrine, while, at oral argument, counsel for Joan Procito (Claimant) only argued that her domestic circumstances were such that she had a necessitous and compelling reason to quit work. The Board does not disagree with that proposition, stating that she could have been eligible for benefits under Section 402(b) of the Act, but she had not set forth evidence under any theory that would have allowed for recovery. Because I agree with the Board that she has…

2Cases cited6 opinions

  1. Taylor v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1977
  2. Sturdevant Unemployment Compensation CaseSuperior Court of Pennsylvania · 1945
  3. Wallace v. CommonwealthCommonwealth Court of Pennsylvania · 1978
  4. Truitt v. UNEMP. COMP. BD. OF REVIEWSupreme Court of Pennsylvania · 1991
  5. Beachem v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2000

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