Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of George Lovrekovic, No. B-140759.
John J. Petrush, with him McClain, Petrush, Young & Miller, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.
Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
[ 36 Pa. Commw. Page 365]
This is an appeal from an order of the Unemployment Compensation Board of Review (Board) finding the petitioner (claimant) ineligible for benefits under Section 402(b)(1) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(1) (voluntarily leaving work). We affirm.
Since whether the conduct of the employee constitutes a voluntary termination is a question of law the resolution of which is dependent upon facts as found by the compensation authorities, Correa v. Unemployment Compensation Board of Review, 31 Pa. Commonwealth Ct. 13, 374 A.2d 1017 (1977), we begin our review with the findings of fact made by the referee and adopted by the Board, which were as follows:
1. The claimant was last employed by Woodlawn Laundry as a truck driver at $100.00 per week, plus commission, and his last day of work was August 6, 1976.
2. The claimant was experiencing difficulties performing his job duties because of his health.
3. The claimant was not advised by a physician to terminate his employment relationship.
4. On July 23, 1976 [Friday] the claimant advised the employer he was looking for other work.*fn1
5. The claimant did not have a definite offer of work with any other ...