Opinion
March 13, 1961.
March 22, 1961.
Unemployment Compensation — Ability to work — Availability for suitable work — Advanced pregnancy — Findings of fact — Appellate review — Unemployment Compensation Law.
1. The fact that a claimant voluntarily terminated his employment for a good cause does not in itself entitle him to benefits; it must also be shown that he was available for work within the meaning of the Unemployment Compensation Law.
2. Findings of fact by the unemployment compensation authorities, supported by substantial and competent evidence, are binding upon the appellate court.
3. In this case, in which it appeared that claimant, employed as a part-time worker, voluntarily terminated her employment because she was pregnant for four and one-half months; that her physician suggested at the time that she should not return to work and could not say when she would able to resume work; and that the board denied benefits on the ground that claimant was unable to work and unavailable for suitable work as required by § 401(d) of the Unemployment Compensation Law; it was Held that the decision of the board should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 5, March T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-55112, in re claim of Martha B. Gearhart. Decision affirmed.
Martha B. Gearhart, appellant, in propria persona, submitted a brief.
Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued March 13, 1961.
This is an unemployment compensation appeal in which the Bureau of Employment Security determined that the claimant was not entitled to benefits because she was unable to work and unavailable for suitable work as required by the provisions of § 401(d) of the Unemployment Compensation Law, 43 P. S. § 801(d). The referee reversed and allowed benefits but the Unemployment Compensation Board of Review reversed the referee and denied benefits for the same reason as the Bureau.
Martha B. Gearhart, the claimant, was last employed on August 12, 1959, as a part-time worker by the A P Bakery, Altoona, Pennsylvania. The Board found as facts that the claimant voluntarily terminated her employment because of 4 1/2 months pregnancy; that her physician submitted this statement: "Suggest that she does not return to work at this time."; and her physician could not say when she would be able to resume work. These findings of fact are clearly supported in the record and are binding on this Court. Davis Unemployment Compensation Case, 187 Pa. Super. 116, 144 A.2d 452 (1958).
The fact that a claimant voluntarily terminated her employment for a good cause does not in itself entitle her to benefits; it must also be shown that she was available for work within the meaning of the statute. Pugh Unemployment Compensation Case, 190 Pa. Super. 434, 154 A.2d 313 (1959). We held in the Pugh case that a claimant who was advanced in pregnancy and left her work on advice of her physician that she perform no work which required her to stand while performing it was properly disqualified for benefits as being unavailable for work within the meaning of the statute.
Decision affirmed.