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MASON UNEMPLOYMENT COMPENSATION CASE. (06/11/58)

THE SUPERIOR COURT OF PENNSYLVANIA


June 11, 1958

MASON UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 20, April T., 1958, by claimant, from decision of Unemployment Compensation Board of Review, dated September 17, 1957, No. B-45480, in re claim of Benjamin J. Mason. Decision affirmed.

COUNSEL

Benjamin J. Mason, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.

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

[ 186 Pa. Super. Page 157]

OPINION PER CURIAM,

Claimant in this unemployment compensation case has appealed from the decision of the Board of Review disqualifying him from receiving benefits under the provisions of section 402 (b) of the Unemployment Compensation Law, 43 PS ยง 802 (b). Claimant was last employed by the Universal Atlas Cement Company. On April 26, 1957, he telephoned the supervisor of industrial relations of that company and stated that he

[ 186 Pa. Super. Page 158]

    had resigned. Claimant did not thereafter report for work. He admittedly terminated his employment of his own accord. He testified: "Q. Then the reason you terminated your employment, according to what you testified, you were of the opinion you were going to be discharged and would lose your $35 a week? A. Yes, sir. Q. Were you told you would lose your $35 a week by the bureau representative? A. I know if you are discharged you are unable to collect unless it is for necessitous reasons. Q. Then your assumption was your own and not from any official information? A. I believe, we all believe... Q. Was it your own or official information? A. My own."

Claimant was not laid off or dismissed. He could have continued his employment.

The board properly concluded that the claimant had failed to show any meritorious or compelling reason for the voluntary termination of his employment. See Kaminski Unemployment Compensation Case, 174 Pa. Superior Ct. 242, 101 A.2d 132.

Disposition

Decision is affirmed.

19580611

© 1998 VersusLaw Inc.



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