Legal Opinion

McCarthy v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided August 13, 2003PublishedCited by 50 opinions

1Opinion of the Court

OPINION BY

Judge COHN.

Clare McCarthy (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) that affirmed a Referee’s decision denying unemployment compensation (UC) benefits on the basis that Claimant was ineligible under Section 402(b) of the Unemployment Compensation Law (Law). 1 The issue before us is whether a claimant, who leaves her job in order to preserve her retirement health care benefits when her employer unilaterally eliminates her entitlement to those benefits, has a necessitous and compelling reason to quit. We hold that she does.

Claimant was…

2Cases cited13 opinions

  1. Taylor v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1977
  2. Peak v. Commonwealth, Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1985
  3. Nolan v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2002
  4. STEINBERG VISION ASSOCIATES v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993
  5. Centennial School District v. Commonwealth, Department of EducationCommonwealth Court of Pennsylvania · 1986

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3Cited by50 opinions

  1. Brunswick Hotel & Conference Center, LLC v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2006
  2. Middletown Township v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2012
  3. Johnson v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2005
  4. Renda v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2003
  5. Petrill v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2005

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