172 Pa. Super. 417 | Pa. Super. Ct. | 1953
Opinion by
These appeals by Regina H. Hanna (No. 156 April Term, 1952) and Rita D. Azzato (No. 160 April Term. 1952) were argued together and one opinion will decide both cases. Both appealed for themselves and on behalf of other claimants from decisions of the Unemployment Compensation Board of Review denying benefits on the ground that claimants had refused to accept suitable referred work in violation of the Unemployment Compensation Law, §402(a), 43 P.S. §802.
At the outset, it should be stated that appellant stands upon the proposition that the Board erred as a matter of law in refusing compensation and in finding that the offered work was suitable within the mean
I. Mrs. Hanna was employed by Stackpole Carbon Company at St. Marys until June 27, 1951, when she was laid off for lack of work. She was paid unemployment benefits for 20 weeks, and on November 15, 1951, she was offered employment at Sylvania Electric Products, Inc., at Emporium. There was no work available for married Avomen in St. Marys at that time. She refused the referral, alleging that the traveling distance was excessive and that riding in a car early in the morning produced illness. Prior to 1945 she had worked
Emporium is located about 20 miles from St. Marys. The Board found: “A bus leaves St. Marys, Pa., at approximately 6:00 a.m. and arrives at Emporium, Pa., at approximately 6:45 a.m. A bus leaves Emporium for St. Marys at 4:00 p.m. The round trip cost of bus transportation between the two points was 70(5,” and that appellants and the other claimants “had their choice of two shifts at Sylvania Electric Products, Inc., the first beginning at 7:00 a.m. and ending at 3:30 p.m., the second beginning at 4:00 p.m. and ending at 12:30 a.m.” In November, 1951, there were 315 residents of St. Marys and the immediate vicinity employed in Emporium. As to Mrs. Hanna’s complaint concerning the effect of riding on automobiles in early morning the Board found: “We again are not impressed by this testimony and give no credence thereto____”
In effect the Board found that St. Marys and Emporium are located in the same labor market area, and that adequate transportation facilities existed between the two points. Since 315 residents of St. Marys worked in Emporium, the finding is not without evidential or rational foundation. The determination of the existence of a definable labor market and related questions are statutorily confided to the Board and its conclusions will not be disturbed in the presence of supporting evidence. The General Assembly, by §4(t), supra, which defines “suitable work”, commands the compensation authorities to consider, inter alia, “the distance of the available work from his [claimant’s] residence. . . . the length of time he has been unemployed and the reasons therefor, the prospect of obtaining local work in his customary occupation, . . . the prevailing condition oP the labor market generally . . . .” “These
Mrs. Hanna’s real grievance is that the Board did not accept her testimony about the effect of riding on cars in the early morning, and her able counsel argues that the Board capriciously refused credence to her testimony. “Capricious disbelief is not merely disbelieving a witness. To constitute capricious disbelief there must be a wilful, deliberate disbelief of an apparently trustworthy witness, whose testimony one of ordinary intelligence could not possibly challenge or entertain the slightest doubt as to its truth. To charge a judge with capricious disbelief, it must be so flagrant as to be repugnant to a man of reasonable intelligence”: Pusey’s Estate, 321 Pa. 248, 262, 184 A. 844, quoted and followed in Urbach Unemployment Compensation Case, 169 Pa. Superior Ct. 569, 573, 83 A. 2d 392. It cannot be truly said that the Board acted capriciously. Mrs. Hanna testified that she worked in Emporium for 5 years and contracted a sinus condition; had her tonsils removed and her teeth fixed in an effort to correct
II. Mrs. Azzato’s case differs only slightly from Mrs. Hanna’s. She too was laid off at the Stackpole plant in St. Marys. Later she was employed at the Sylvania plant in St. Marys and was again laid off. She drew benefits for both periods of unemployment. She was offered work in Emporium, and refused it, for reasons stated in her testimony: “Q. . . . Does that mean you would not accept work outside of St. Marys? A. I can’t accept work outside of St. Marys. Q. You can’t? A. No. Q. Why? A. I live out of the Borough, and at night — I live some distance from the Borough and there are no street lights, and that means I would have to walk that distance without street lights. It has been done, I have done it once or twice, and the way the ears come in and out, especially when the Casino [tavern] leaves out at night, it is taking a chance.” The Board concluded: “Claimant Azzato was afraid to walk the distance to the bus because part of the distance was not illumined. There is no evidence of any potential danger . . .”, and denied compensation for her refusal to accept suitable work.
The denial is based upon supporting evidence and is binding upon us. There is no convincing evidence that claimant was subjected to real or imminent dan
III. Both appeals call for another emphatic statement of the fundamental and guiding principle which governs the administration of the Law. Availability for work includes genuine willingness to work, Bomiski Unemployment Compensation Case, 169 Pa. Superior Ct. 106, 82 A. 2d 565, and willingness to work imports a sincere desire for work that will overcome the surmountable obstacles which workers everywhere encounter. Brilhart Unemployment Compensation Case, 159 Pa. Superior Ct. 567, 49 A. 2d 260.
Decisions affirmed.
§402(a), 43 P.S. §802: “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: . . .”