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DIEHL v. UNEMPLOYMENT COMP. BD. OF REVIEW

4 A.3d 816 (2010)

Harold G. DIEHL, Jr., Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 20, 2010.

Attorney(s) appearing for the Case

Regina Hertzig , Philadelphia, for petitioner.

Gerard M. Mackarevich , Deputy Chief Counsel, Harrisburg, for respondent.

Irwin W. Aronson , Harrisburg, for amicus curiae, Pennsylvania AFL-CIO.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

In this appeal,1 Harold G. Diehl, Jr. (Claimant) asks whether the Unemployment Compensation Board of Review (Board) erred in denying him unemployment benefits. The Board denied Claimant benefits on the ground that he voluntarily quit his employment to accept an early retirement incentive and continuing work was available to Claimant.

Claimant primarily argues the Board's decision ignored the clear and...

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