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JOHNSON UNEMPLOYMENT COMPENSATION CASE. (10/06/56)

October 6, 1956

JOHNSON UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 97, Oct. T., 1956, by claimant, from decision of Unemployment Compensation Board of Review, dated November 29, 1955, No. B-40634, in re claim of Eugene Young Johnson. Decision affirmed.

COUNSEL

Sheldon Tabb, with him Edward Davis, for appellant.

Sydney Reuben, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Carr

[ 182 Pa. Super. Page 139]

OPINION BY CARR, J.

This appeal from an order of the Unemployment Compensation Board denying a claim for unemployment benefits presents the question whether the record supports the findings and conclusions of the board that the claimant voluntarily left his employment without cause of a necessitous and compelling nature.*fn1

As stated in the record the findings of the bureau and the referee which were adopted by the board are as follows:

"1. The claimant was last employed as a sandblaster by the Nu-Grain Corporation of America on Easton Road in Warrington, Pa., for just one day, July 18th, 1955, and he earned a total of $11.20.

2. The claimant had previously worked as a sandblaster at the Midvale Steel Plant, where he worked on steel, but with the job at the Nu-Grain plant, he worked as a sandblaster on wood. The claimant was given a helmet for his protection, but after working just the one day, the claimant never reported back to work. He did not ask for a transfer to some other type of work, nor did he complain about the type of work he was doing. He did not inform his supervisor that the job was injurious to his health nor aggravating his sinus condition. The claimant went back several days later for the purpose of picking up his wages, but never reported back to the personnel office in an effort to be transferred to some other type of work."

[ 182 Pa. Super. Page 140]

To these findings the referee appended the following comments under the heading "Reasoning", which the board also adopted as its own:

"The Bureau ruled that the claimant had voluntarily left his job without good cause, within the meaning of Section 402 (b) of the Law, and after carefully reviewing all the evidence before him, the ...


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