Legal Opinion · Dissent

Procito v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

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

1Dissent

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority holds that: (1) the Unemployment Compensation Board of Review (UCBR) did not err in refusing to remand this case for additional evidence relating to the circumstances under which Joan Procito’s (Claimant) domestic partner left her employment and moved to Florida because the “following spouse doctrine” does not apply to unmarried same-sex couples;1 (2) assuming that the “following spouse doctrine” does apply, Claimant would be ineligible for benefits because Claimant failed to prove that her domestic partner’s decision to…

2Cases cited13 opinions

  1. Curtis v. KlineSupreme Court of Pennsylvania · 1995
  2. T.B. v. L.R.M.Supreme Court of Pennsylvania · 2001
  3. T.B. v. L.R.M.Supreme Court of Pennsylvania · 2001
  4. Wallace v. CommonwealthCommonwealth Court of Pennsylvania · 1978
  5. Pittsburgh Pipe & Coupling Co. v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1960

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