195 Pa. Super. 444 | Pa. Super. Ct. | 1961
Opinion by
Claimant, Floyd Ganss, was refused benefits by the Unemployment Compensation Board of Review for the reason that he voluntarily left his employment without a compelling or necessitous reason within the meaning of section 402(b) (1) of the Unemployment Compensation Law, 43 P.S. 802(b) (1). This appeal followed.
Appellant was last employed as a shovel operator on a strip mine project by the Grove City Construction Company. His last day of work was June 5, 1960. On that day, after working about four hours, he com
In the present case appellant does not contend his own safety was jeopardized. His contention was that he might have hurt his fellow employes had he continued to operate this defective shovel. However, it is noted that he is the only one who left the job. The bulldozer operator and the drag line man who worked with him and were the ones who might have been injured, had danger existed, remained on the job.
Under the circumstances, the board determined that since no accidents had occurred during his three months operation of the shovel because of its condition, appellant had no compelling or necessitous reason which would justify leaving his job. We cannot say that the board abused its discretion or erred in its findings and conclusions, and we are bound by same since thej are supported by competent evidence. Ristis Un
Order affirmed.