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RAY KEIPER v. COMMONWEALTH PENNSYLVANIA (10/13/78)

decided: October 13, 1978.

RAY KEIPER, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Ray Keiper, Jr., No. B-141578.

COUNSEL

Lucille Marsh, for petitioner.

Michael Klein, Assistant Attorney General, with him Susan Shinkman, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Wilkinson, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 38 Pa. Commw. Page 118]

This is an appeal from an order of the Unemployment Compensation Board of Review (Board) which denied unemployment compensation to petitioner (claimant), pursuant to Section 402(b)(1) of the Unemployment Compensation Law (Law),*fn1 (voluntarily leaving work without cause of necessitous and compelling nature), and established a non-fault overpayment of $402.00 under Section 804(b), 43 P.S. ยง 874(b), of the Law. We affirm.

Claimant was last employed as a truck driver and laborer at I.C.T. Excavating, Scranton, Pennsylvania. His last day of employment was September 15, 1976. On that morning he walked off the job. In his testimony he identified three reasons for quitting: (1) He felt he was not working enough hours, (2) He was being asked to drive an unlicensed truck with a defective exhaust system and (3) His employer reneged on a promise to loan him company equipment for another job over the weekend.

Claimant had qualified for partial unemployment compensation benefits beginning December 8, 1975. After quitting his job on September 15, 1976, he applied

[ 38 Pa. Commw. Page 119]

    for full benefits on September 28, 1976 for the week ending September 25, 1976. The Bureau of Employment Security (Bureau) issued a determination on November 8, 1976 denying benefits to the claimant on the basis of Section 402(b)(1) and establishing a non-fault overpayment under Section 804(b). The claimant filed a timely appeal from this determination. Following a hearing held December 8, 1976 the referee issued a decision on December 17, 1976 affirming the Bureau. On December 21, 1976 the claimant appealed from this decision to the Board of Review. The Board agreed with the referee's findings of fact which were:

1. The claimant was last employed by I.C.T. Excavating for one and one-half years as a truck driver-laborer and was paid at the rate of $160.00 for a forty hour work week. His last day of work was September 15, 1976.

2. The claimant voluntarily terminated his employment when he walked off the job at 10:00 A.M. because he was dissatisfied with working conditions.

3. The claimant was disgruntled because the employer would not permit him the use of company equipment on ...


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