Department of Labor & Industry, Bureau of Employment Security v. Unemployment Compensation Board of Review

Opinion by

Watkins, J.,

This is an appeal by the Department of Labor and Industry of the Commonwealth of Pennsylvania, Bureau of Employment Security, from the decision of the Unemployment Compensation Board of Review awarding benefits to the claimant, Freeman Lybarger. The Bureau had held that the claimant was ineligible for benefits under §402(b) (1) and §401(d) of the Unemployment Compensation Law, 43 PS §802 (b) (1) and §801 (d), in that he voluntarily left his work without cause of a necessitous and compelling nature; and found that he was unavailable for work.

The Referee found him…