Wednesday, February 08, 2017

UC - vol. quit - medical issues - duty to preserve employment

St. Clair Hospital v. UCBR – Cmwlth. Court – en banc (4-3) – February 2, 2017


Held that claimant “did nokt take all reasonable and necessary steps to preserve her employment,” where
- employer game her list of 132 open positions
- employer specified two job from list that CL could do
- CL did not contact ER about the two job or apply for any open position specified by employer.

The two primary cases discussed were
- Genetin v. UCBR – 451 A.2d 1353 (Pa. 1982), and
-  Nolan v. UCBR – 797 A.2d 1042 (Pa. Cmwlth. 2002)

The dissents argued that
- the record “lacked sufficient evidence that the employer is able to provide...suitable work”
- the majority opinion ran counter to Genetin – employer did not take steps to provide suitable work once CL told ER of medical issue
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This case is also reported in the PLAN Legal Update  http://planupdate.blogspot.com/ , which is searchable and can be accessed without a password.
If the case is old, the link may have become stale and may not work, but you can use the case name, court, and date to find the opinion in another source (e.g., Westlaw, Lexis, Google Scholar)


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