Glen Alden Coal Co. v. Unemployment Compensation Board of Review

90 A.2d 331, 171 Pa. Super. 325, 1952 Pa. Super. LEXIS 369
CourtSuperior Court of Pennsylvania
DecidedJuly 17, 1952
DocketAppeal, No. 20
StatusPublished
Cited by11 cases

This text of 90 A.2d 331 (Glen Alden Coal Co. v. Unemployment Compensation Board of Review) 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.

Bluebook
Glen Alden Coal Co. v. Unemployment Compensation Board of Review, 90 A.2d 331, 171 Pa. Super. 325, 1952 Pa. Super. LEXIS 369 (Pa. Ct. App. 1952).

Opinion

Opinion by

Reno, J.,

The Unemployment Compensation Board of Review awarded benefits to Henry Labenski. His employer, Glen Alden Coal Company appealed, contending that the claimant was disqualified under the Unemployment Compensation Law, §402(a), 43 P.S. §802, which provides: “An employe shall be ineligible for compensation for any week (a) In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him by the employment office or by any employer.” Labenski was' allowed to intervene as an appellee. *

The Law, §4(t), 43 P.S, §753, provides: “'Suitable Work’ means all work which the. employe is capable [327]*327of performing. In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to his health, safety and morals, his physical fitness, prior training and experience, and the distance of the available work from his residence. The department shall also consider among other factors the length of time he has been unemployed and the reasons therefor, the prospect of obtaining local work in his customary occupation, his previous earnings, the prevailing condition of the labor market generally and particularly in his usual trade or occupation, prevailing wage rates in his usual trade or occupation, and the permanency of his residence.. ..”

The Board’s findings present this factual picture. Labenski, aged 32, was employed by appellant at one of its collieries from 1937 to 1949, except the 4 years he spent in the armed forces. In August, 1949, he was laid off because work at the breaker was discontinued, but soon thereafter “he was recalled and given work as a common laborer outside the mines, helping to tear down the breaker.” Upon the completion of that work in November he was again laid off. Thereafter his employer offered him “work inside the mines either as a contract laborer or a machine miner.” He “refused these jobs because he had never done inside mine work and because of his fear of the possible physical injury to be incurred therein.”

The Board further found: “6. Claimant’s fear of inside mine work was based upon his first-hand knowledge of the extra hazardous conditions prevailing inside mines, as well as the experiences of members of his own family while engaged in such work. His father had been seriously hurt while working inside the mines, and his brother-in-law had become disabled as the result of silicosis contracted while working therein.. Accordingly, claimant’s refusal-of-the proffered employment was predicated upon an honest fear.”

[328]*328The Board also found: “4. During his eight years of employment with the company, claimant had been classified as a loader and runner. His work consisted of running large railroad cars under the breaker where they were loaded with coal from the breaker chutes, and once the cars were filled, he would then run them to a branch in the yard.” Discussing the suitability of the offered employment, the Board said: “As to the question of the suitability of the work from the standpoint of claimant’s prior training and experience, we do not believe that there is such a difference between laboring work inside the mines and laboring work outside the mines as to render the work offered the claimant ‘unsuitable’ in this sense . . .” Nevertheless, the Board awarded benefits on the theory that his fear was honest, and because he had “a reasonable basis in fact for concluding that if he attempted to work inside the mine he would be undertaking more than the ordinary risk attendant to outside mine work'which he had always performed.” That is to say, that the claimant’s honest fear was a good cause for refusing the work. His physical fitness for the work is not questioned.

This Court has several times heretofore discussed the question of fear as an element of, or as a basis for, good cause but never in this factual context.

In Myers Unemployment Compensation Case, 164 Pa. Superior Ct. 150, 152, 63 A. 2d 371, where miners left their work because they alleged the mine in which an explosion had killed 63 men was still gaseous and not properly supervised, we said: “Conceivably, fear may constitute good cause, although we do not now decide that question. But certainly a groundless, unreasonable, a pathological or a phantasmal fear will not answer the requirements of good cause.”1

[329]*329In Suska Unemployment Compensation Case, 166 Pa. Superior Ct. 293, 296, 70 A. 2d 397, claimant, an assembler in the Westinghouse plant, was temporarily unemployed because of lack of work. She refused offered work at the H. J. Heinz Company because the job involved lifting cans out of a sterilizer and placing them on a conveyor, alleging that previously she had experienced swollen hands when working in water. The Board refused benefits and this Court affirmed in an opinion wherein we said: “It is not inconceivable that apprehension may constitute good cause. That concept must, by necessity, remain flexible and without rigid definition. . . . Without risk of injury the claimant could have given the offered employment a trial and could have acted thereafter in accordance with its effect upon her. Her election to remain idle in these circumstances necessarily reflects upon the good faith of her refusal.”

In the cases where claimants became unemployed because they feared to cross peaceful picket lines, compensation was refused by the Board and this Court affirmed. In McGann Unemployment Compensation Case, 163 Pa. Superior Ct. 379, 385, 62 A. 2d 87, we said: “The mere statement by a claimant that he refused to cross a picket line because of fear of bodily harm is not enough to demonstrate that his unemployment was involuntary in a situation where there was not a single overt act of violence of any character, leading a reasonable person to believe that he would be in physical danger in the event he attempted to cross the picket lines. A nonstriker’s fear of injury must be real and [330]*330substantial and not nebulous.” In Urbach Unemployment Compensation Case, 169 Pa. Superior Ct. 569, 573, 83 A. 2d 392, we reiterated the rule.

So, although we have said that fear or apprehension may conceivably constitute good cause, we have never affirmed an award for benefits on that basis. Filchock Unemployment Compensation Case, 164 Pa. Superior Ct. 43, 63 A. 2d 355, upon which the Board based its decision, does not fall into the category of what might be termed “the fear cases.” That case was based solely upon that term of the definition of suitable work which relates to “his physical fitness.” Law, supra, §4(t). The fundamental question was whether the physical condition of the 66 year old employe, resulting from a hernia for which he refused to have an operation, gave him good cause for refusing heavy work inside a mine. The claimant refused the employer’s demand that he submit to the operation and alleged he was able and available for lighter inside work. There was no allegation or finding that he refused the employment because he was afraid to work inside the mine. Since he was willing to accept suitable lighter work, compensation was allowed and this Court affirmed..

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Bluebook (online)
90 A.2d 331, 171 Pa. Super. 325, 1952 Pa. Super. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glen-alden-coal-co-v-unemployment-compensation-board-of-review-pasuperct-1952.