Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MAYER UNEMPLOYMENT COMPENSATION CASE. (06/15/60)

June 15, 1960

MAYER UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 85, April T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-54582, in re claim of Edward Mayer. Decision affirmed.

COUNSEL

Samuel R. DiFrancesco, Jr., with him DiFrancesco & DiFrancesco, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Ervin

[ 192 Pa. Super. Page 505]

OPINION BY ERVIN, J.

This is an appeal in an unemployment compensation case where the only question is whether the claimant voluntarily retired and went on pension or whether he

[ 192 Pa. Super. Page 506]

    was compelled to do so by his employer, the Bethlehem Steel Company, Johnstown, Pennsylvania. The bureau refused compensation. The referee allowed compensation. The board reversed the referee and denied compensation. The claimant appealed.

The board found as facts that "3. Sometime in the first half of 1959, pursuant to the annual survey, the claimant was again asked if he was going to retire. He advised management that he wished to accept his pension in accordance with his intentions stated in 1958.

"4. The claimant's retirement was not compulsory; and continued employment was available to him had he not advised his employer that he wished to retire."

In the Ristis Unemployment Compensation Case, 178 Pa. Superior Ct. 400, 403, 116 A.2d 271, we stated: "'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. Superior Ct. 569, 575, 56 A.2d 380 (1948)."

The facts as found by the Board of Review, after considering all of the evidence and the reasonable inferences to be drawn therefrom, if supported by competent testimony, are binding upon us: Davis Unemployment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.