196 Pa. Super. 606 | Pa. Super. Ct. | 1961
Opinion by
In this unemployment compensation case the bureau decided that the appellant had voluntarily terminated his employment without cause of a necessitous and compelling nature and disqualified him from re
The facts as found by the board, if supported by competent testimony, are binding upon us: Lodge Unemployment Compensation Case, 194 Pa. Superior Ct. 626, 169 A. 2d 305.
Appellant, who had been employed as a machine operator or wire drawer for many years and who was past sixty-five years of age, testified that he was no longer able to do his regular work. He asked his employer for other suitable work but none was available. He then retired under the employer’s retirement plan, which is noncompulsory. He draws social security benefits of $119.00 per month and retirement insurance of $57.00 per month. He now claims that he is also entitled to unemployment benefits because he says that he is able to do light work.
Appellant’s attorney offered into evidence the report of Dr. Morris A. Eack, who examined the appellant on August 30,1960. In this report Dr. Eack stated appellant had a right ventricular strain and myocardial damage, compound fracture of the right leg and restriction of the circulation of the right leg. He further jstated: “I do feel that the patient could not have done his regular work since the patient’s history, shortness of breath, pain in his right leg upon standing for short periods of time or slight exertion with pain in the chest for some reasons would indicate that he could not continue his regular job since February 26, 1960. E. C. G. shows right ventricular strain and myocardial damage
The physical fitness of an employe to perform his job is primarily a question of fact for the board: Mettetal Unemployment Compensation Case, 187 Pa. Superior Ct. 291, 294, 144 A. 2d 586.
The inferences to be drawn from the evidence, the credibility of the witnesses and the weight to be attached to their testimony are for the board: Mollo Unemployment Compensation Case, 186 Pa. Superior Ct. 86, 140 A. 2d 354.
After a review of this entire record we cannot say that the board abused its discretion. For a case quite similar to the present one see Palovich Unemployment Compensation Case, 194 Pa. Superior Ct. 198, 166 A. 2d 339.
Decision affirmed.