DocketNumber: Appeal, No. 2167 C.D. 1976
Citation Numbers: 35 Pa. Commw. 285
Judges: Blatx, Blaxx, Disalle, Rogers
Filed Date: 5/11/1978
Status: Precedential
Modified Date: 6/24/2022
Opinion by
Norman D. Park (claimant) has appealed to us from a decision of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s denial of unemployment benefits to the claimant on the grounds that he voluntarily terminated his employment.
The sixty-three-year-old claimant had been employed by the Letterkenny Army Depot as a packer until May 10, 1976, when he left his job and did not
The claimant now contends that he was forced to retire from his employment because of ill health and that he did not voluntarily leave his position. The referee and the Board specifically found, however, that the claimant “quit his job because he was afraid of driving to work and falling asleep while driving” and that “it was not the job that bothered him but the driving of 50 miles one way each day. ’ ’ At the hearing before the referee, the claimant admitted that he had indicated to the compensation authorities that the 50-mile trip was the reason for his termination, but he also argued that the clerk who handled his claim insisted that he needed some reason other than his ill health for leaving his job, and that this was why he had given the reasons here in question. Both the referee and the Board resolved this issue against him, and we may not disturb findings within the exclusive province of the fact-finder such as those involving the resolution of questions of credibility and the weight to be given the evidence. Stormer v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 220, 378 A.2d 1037 (1977).
We believe that the Board’s findings are supported by substantial evidence in the record, and we will affirm the Board’s decision that the claimant here failed to meet his burden of proving that at the time he left his employment he had compelling and necessitous reasons for doing so.
Order
And, Now, this 11th day of May, 1978, the order of the Unemployment Compensation Board of Review denying benefits to Norman D. Park is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897. as amended, 43 P.S. §751 et seq.