DocketNumber: Appeal, No. 138
Citation Numbers: 191 Pa. Super. 232, 156 A.2d 604, 1959 Pa. Super. LEXIS 519
Judges: Ervin, Gunther, Iiiet, Rhodes, Watkins, Weight, Woodside
Filed Date: 12/17/1959
Status: Precedential
Modified Date: 10/19/2024
Opinion by
The claimant in this unemployment compensation case appealed to this Court after having been denied benefits by the bureau, the referee and the board. They each found that the claimant voluntarily chose to leave his employment without good cause.
When the board finds against the claimant, we must determine whether the findings of fact are consistent with each other and with its conclusions of law and its order, and whether such findings of fact can be sustained without a capricious disregard of the competent evidence. Standish Unemployment Compensation Case, 189 Pa. Superior Ct. 471, 473, 151 A. 2d 842 (1959). The appellant argues here that the board was guilty of a capricious disregard of competent evidence.
Because the claimant, a truck driver 64 years of age, was involved in three accidents within a two months period, he was “laid off until he obtained glasses.” He had his eyes examined and was told he needed glasses, which he thereupon ordered. The next day he cancelled the order for the glasses, and the employer was so advised by the examining physician.
According to the testimony of the employer’s witnesses, the claimant “thanked Mr. Costello [the super
The credibility of the witnesses, the weight of their testimony, and the reasonable inferences to be drawn from it are for the board. Ristis Unemployment Compensation Case, 178 Pa. Superior Ct. 400, 403, 116 A. 2d 271 (1955). The above quoted evidence demonstrates that the board was not guilty of a capricious disregard of the competent evidence in finding that the claimant severed his employment without good cause.
Decision affirmed.