Dept. L. I. Etc. v. Unemplmnt. Comp. Bd.

Full title: Department of Labor and Industry, etc., Appellant, v. Unemployment…

Court: Superior Court of Pennsylvania

Date published: Mar 4, 1942

24 A.2d 924 (Pa. Super. Ct. 1942)

24 A.2d 924

Opinion

November 19, 1941.

March 4, 1942.

Unemployment compensation — Board — Referee — Findings of fact — Appellate review — Act of December 5, 1936, P.L. 1937, p. 2897.

Under section 510 of the Unemployment Compensation Law of December 5, 1936, P.L. 1937, p. 2897, findings of fact by the referee, affirmed by the board, and supported by substantial competent evidence, are conclusive on the appellate court.

Appeal, No. 22, March T., 1941, by Department of Labor and Industry, Bureau of Employment and Unemployment Compensation, from decision of Unemployment Compensation Board of Review, sustaining decision of the referee and awarding benefits upon the claim of Bessie Lynch, Appeal No. B-44-5-RD-360.

Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, RHODES, HIRT and KENWORTHEY, JJ. Decision of Board affirmed and appeal dismissed.

William Hammond, with him David R. Perry, Special Deputy Attorney General, and Claude T. Reno, Attorney General, for appellant.

R. Carlyle Fee, Asst. Special Deputy Attorney General, Charles R. Davis, Special Deputy Attorney General, and Claude T. Reno, Attorney General, for appellee, were not heard.

Argued November 19, 1941.

OPINION BY KELLER, P.J., March 4, 1942:

The Unemployment Compensation Law (Act of December 5, 1936, P.L. 1937, p. 2897) provides in section 510, "In any appeal to the Superior Court the findings of the board or referee, as the case may be, as to the facts, if supported by the evidence and in the absence of fraud, shall be conclusive, and in such cases the jurisdiction of the Court shall be confined to questions of law."

The referee found that the claimant was laid off by her employer, acting through its forelady, on December 8, 1939, at a time when she was able and willing to work. The board, on appeal, affirmed the findings. They are supported by substantial competent evidence and are conclusive on us.

Her leaving work was therefore not voluntary. See Labor Industry Dept. v. Unemployment Compensation Board of Review, 133 Pa. Super. 518, 521, 3 A.2d 211; and she was entitled to unemployment compensation.

The decision of the board is affirmed and the appeal is dismissed.