Deborah Stevens v. Unemployment Compensation Board of Review

Summary

The Pennsylvania Commonwealth Court reviewed the denial of unemployment compensation to Deborah Stevens after she accepted a disability retirement from the Pennsylvania Department of Human Services. The court held that Stevens had necessitous and compelling cause to accept the disability retirement while in unpaid status without medical benefits, but that she was not entitled to ongoing benefits after November 17, 2014 because she failed to establish her ability and availability for suitable work. The court vacated the Board of Review’s order and remanded with instructions to award benefits for October 31, 2014, through November 17, 2014.

Holdings

1. Stevens had necessitous and compelling cause to accept disability retirement effective October 31, 2014, because she otherwise would have been in no-pay status and without medical benefits while suffering from a medical condition warranting medical leave.
2. Stevens was not entitled to ongoing benefits after November 17, 2014, because she could not rely on the presumption of availability and did not produce evidence that she was able to perform some type of work or had sought available employment.
3. Stevens waived her Section 402(e) claim because the issue was not relevant to the Board's decision and she did not develop it in the argument section of her brief.

Questions Presented

1. Whether Stevens had necessitous and compelling cause under Section 402(b) of the Unemployment Compensation Law to accept disability retirement when continuing on leave would have left her without pay and medical benefits.
2. Whether Stevens was able and available for suitable work under Section 401(d)(1) after November 17, 2014.
3. Whether Stevens's challenge to eligibility under Section 402(e) was waived because that issue was not developed in her appellate argument.

Disposition

vacated