Lundberg v. UCBR – Cmwlth. Court – October 14, 2021 – unpublished memorandum opinion*
https://www.pacourts.us/assets/opinions/Commonwealth/out/29CD21_10-14-21.pdf?cb=1
HELD: Claimant was not eligible for UC because she quit her job because of COVID concerns, but without either a) trying to maintain her job by discussing her concerns with her employer, and b) without telling her employer the reason why she was quitting.
To show a necessitous and compelling reason under Section 402(b) of the Law, a claimant must show that (1) circumstances existed which produced real and substantial pressure to terminate employment; (2) such circumstances would compel a reasonable person to act in the same manner; (3) the claimant acted with ordinary common sense; and (4) the claimant made a reasonable effort to preserve her employment. Solar Innovations, Inc. v UCBR, 38 A.3d 1051, 1056 (Pa. Cmwlth. 2012).
Whether the reason for Claimant’s concerns were inadequate safety measures by Employer or fears related to her and/or her father’s health, or both, Claimant’s burden to make a reasonable effort to preserve her employment required her to give notice to Employer as to her concerns and health conditions and allow Employer the opportunity to modify her work conditions.
This is the case even where there is a real and serious safety concern, see Iaconelli v. UCBR, 423 A.2d 754, 756 (Pa. Cmwlth. 1980), or where a claimant has a medical condition which endangers her, see St. Clair Hospital v. UCBR, 154 A.3d 401 (Pa. Cmwlth. 2017). Once communicated, an employer must have a reasonable opportunity to make accommodations with respect to the work conditions and/or medical condition. See Blackwell v. UCBR., 555 A.2d 279, 281-82 & n.6 (Pa. Cmwlth. 1989).
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*An unreported, non-precedential Commonwealth Court case can be cited for its persuasive value but is not binding precedent. See 210 Pa. Code § 69.414(b) and Pa. R.A.P. 3716
