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SMITH v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (SMITH UNEMPLOYMENT COMPENSATION CASE.) (07/20/50)

SUPERIOR COURT OF PENNSYLVANIA


July 20, 1950

SMITH
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (SMITH UNEMPLOYMENT COMPENSATION CASE.)

COUNSEL

Price & Propper, Leonard Michael Propper, Nathaniel Budin, Philadelphia, for appellant.

Richard Wagner, Associate Counsel, Harrisburg, William L. Hammond, Special Deputy Atty. Gen., T. McKeen Chidsey, Atty. Gen., for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Arnold, JJ.

Author: Ross

[ 167 Pa. Super. Page 243]

ROSS, Judge.

This is an unemployment compensation case in which the claimant has appealed from a decision of the Unemployment Compensation Board of Review disallowing compensation. The board found that the claimant had left his employment without good cause within the meaning of section 402(b) of the Unemployment Compensation Law as amended, 43 P.S. ยง 802(b), and he took this appeal.

The claimant, employed as a truck driver by Scott Brothers, Inc., of Philadelphia, left his employment on or about November 29, 1948, to campaign for election as business agent of his union. He remained away from his work until December 18, 1948 and upon his return was told that there would be no work for him until he furnished proof that he had been absent from work for a reason satisfactory to his employer. Such reason was not given -- or attempted to be given -- by the claimant and on December 29, 1948, he filed his claim for unemployment compensation benefits.

The claimant does not contend that to leave employment for the purpose of campaigning for a union office is leaving the employment with 'good cause'. He contends, however, that on November 29, 1948 he was granted a leave of absence and that he returned to his work at the expiration of the leave. Consequently, the only issue involved in the case is the factual one: Was the claimant granted a leave of absence?

The credibility of the witnesses, the weight of their testimony, and the reasonable inferences to be drawn from it are for the board. Our duty is performed by studying the testimony in the light most favorable to the party in whose favor the board has found, giving that party the benefit of every inference which can be logically and reasonably drawn from it. Stillman Unemployment Compensation Case, 161 Pa. Super. 569, 575,

[ 167 Pa. Super. Page 24456]

A.2d 380; Tronieri Unemployment Compensation Case, 164 Pa. Super. 435, 65 A.2d 426; Devlin unemployment Compensation Case, 165 Pa. Super. 153, 67 A.2d 639.

The claimant had the usual burden of proving that he is entitled to benefits. The testimony in the case would support a finding either way but the board found that 'he was not granted a leave of absence', and our examination of the record discloses that the board's findings of fact are consistent with each other and its conclusions of law and its order and can be sustained without a capricious disregard of the competent evidence. Consequently, the board's finding is conclusive. Lavely Unemployment Compensation Case, 163 Pa. Super. 66, 67, 60 A.2d 352.

Decision affirmed.

19500720

© 1998 VersusLaw Inc.



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