Ritter v. Commonwealth

Commonwealth Court of Pennsylvania

Ritter v. Commonwealth

458 A.2d 1046, 73 Pa. Commw. 584, 1983 Pa. Commw. LEXIS 1556

CourtCommonwealth Court of Pennsylvania

DecidedApril 25, 1983

DocketAppeal, No. 1930 C.D. 1981

StatusPublished

This text of 458 A.2d 1046 (Ritter v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ritter v. Commonwealth, 458 A.2d 1046, 73 Pa. Commw. 584, 1983 Pa. Commw. LEXIS 1556 (Pa. Ct. App. 1983).

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Opinions

Opinion by

President Judge Crumlish, Jr.,

The Unemployment Compensation Board of Review affirmed a referee who denied benefits to Duane K. Ritter (Ritter). We affirm.

[586]*586Bitter embarked, with Ms fifteen-year oM son, on a trip to Texas to find what he called a “good job.” After one week’s work as a gas pumper,¹ he quit and returned to PennsylvaMa. He was dissatisfied with the pay and living conditions.²

The Board concluded that Bitter had “voluntarily quit” and was not entitled to benefits under Section 402(b).³ Bitter contends that he had cause of a necessitous and compelling nature for his quit. The claimant bears the burden to prove such an assertion. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977). Bitter not having prevailed below, our ¡scope of review is limited to determining whether there was a capricious disregard of competent evidence or an error of law in the holding. Michelcavage v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 424, 431 A.2d 1153 (1981). We find no capricious disregard of competent evidence, and the Board’s legal conclusion is consistent with this Court’s previous holdings that discontentment with wages, hours and working conditions is not an adequate cause for terminating one’s employment so as to justify an award of unemployment com[587]*587pensation. benefits. See, e.g., Martelli v. Unemployment Compensation Board of Review, 62 Pa. Commonwealth Ct. 137, 435 A.2d 303 (1981).

Affirmed.

Order

The Unemployment Compensation Board of Review decision, No. B-196871 dated July 7,1981, is hereby affirmed.

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Opinion by

President Judge Crumlish, Jr.,

The Unemployment Compensation Board of Review affirmed a referee who denied benefits to Duane K. Ritter (Ritter). We affirm.

[586]*586Bitter embarked, with Ms fifteen-year oM son, on a trip to Texas to find what he called a “good job.” After one week’s work as a gas pumper,¹ he quit and returned to PennsylvaMa. He was dissatisfied with the pay and living conditions.²

The Board concluded that Bitter had “voluntarily quit” and was not entitled to benefits under Section 402(b).³ Bitter contends that he had cause of a necessitous and compelling nature for his quit. The claimant bears the burden to prove such an assertion. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977). Bitter not having prevailed below, our ¡scope of review is limited to determining whether there was a capricious disregard of competent evidence or an error of law in the holding. Michelcavage v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 424, 431 A.2d 1153 (1981). We find no capricious disregard of competent evidence, and the Board’s legal conclusion is consistent with this Court’s previous holdings that discontentment with wages, hours and working conditions is not an adequate cause for terminating one’s employment so as to justify an award of unemployment com[587]*587pensation. benefits. See, e.g., Martelli v. Unemployment Compensation Board of Review, 62 Pa. Commonwealth Ct. 137, 435 A.2d 303 (1981).

Affirmed.

Order

The Unemployment Compensation Board of Review decision, No. B-196871 dated July 7,1981, is hereby affirmed.

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458 A.2d 1046, 73 Pa. Commw. 584, 1983 Pa. Commw. LEXIS 1556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-v-commonwealth-pacommwct-1983.

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