Dept. L. I. Etc. v. Unemplmnt. Comp. Bd.

Superior Court of Pennsylvania

Dept. L. I. Etc. v. Unemplmnt. Comp. Bd.

24 A.2d 924, 148 Pa. Super. 249, 1942 Pa. Super. LEXIS 42

CourtSuperior Court of Pennsylvania

DecidedNovember 19, 1941

StatusPublished

Cited by2 cases

This text of 24 A.2d 924 (Dept. L. I. Etc. v. Unemplmnt. Comp. Bd.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dept. L. I. Etc. v. Unemplmnt. Comp. Bd., 24 A.2d 924, 148 Pa. Super. 249, 1942 Pa. Super. LEXIS 42 (Pa. Ct. App. 1941).

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Opinion

Argued November 19, 1941. The Unemployment Compensation Law (Act of December 5, 1936, P.L. 1937, p. 2897) provides in section 510, "In any appeal to the Superior Court the findings of the board or referee, as the case may be, as to the facts, if supported by the evidence and in the *Page 250 absence of fraud, shall be conclusive, and in such cases the jurisdiction of the Court shall be confined to questions of law."

The referee found that the claimant was laid off by her employer, acting through its forelady, on December 8, 1939, at a time when she was able and willing to work. The board, on appeal, affirmed the findings. They are supported by substantial competent evidence and are conclusive on us.

Her leaving work was therefore not voluntary. See Labor Industry Dept. v. Unemployment Compensation Board of Review,133 Pa. Super. 518, 521, 3 A.2d 211; and she was entitled to unemployment compensation.

The decision of the board is affirmed and the appeal is dismissed.

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Argued November 19, 1941. The Unemployment Compensation Law (Act of December 5, 1936, P.L. 1937, p. 2897) provides in section 510, "In any appeal to the Superior Court the findings of the board or referee, as the case may be, as to the facts, if supported by the evidence and in the *Page 250 absence of fraud, shall be conclusive, and in such cases the jurisdiction of the Court shall be confined to questions of law."

The referee found that the claimant was laid off by her employer, acting through its forelady, on December 8, 1939, at a time when she was able and willing to work. The board, on appeal, affirmed the findings. They are supported by substantial competent evidence and are conclusive on us.

Her leaving work was therefore not voluntary. See Labor Industry Dept. v. Unemployment Compensation Board of Review,133 Pa. Super. 518, 521, 3 A.2d 211; and she was entitled to unemployment compensation.

The decision of the board is affirmed and the appeal is dismissed.

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Bluebook (online)

24 A.2d 924, 148 Pa. Super. 249, 1942 Pa. Super. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-l-i-etc-v-unemplmnt-comp-bd-pasuperct-1941.

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