65 Pa. Commw. 409 | Pa. Commw. Ct. | 1982
Opinion by
This is an appeal from an order of the Unemployment''Compensation Hoard of Review (Board) which affirmed,a referee’s denial of benefits pursuant to Section 402(b) (1). of the’Pennsylvania Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b) (1): The Board held that Chalmers Johnson (claimant) had voluntarily terminated his employment without cause , of a necessitous and compelling nature. , .
. The claimant had been employed as a presser by Pincus Brothers’ (employer) from February 28, 1979 until March 30, 1979, on which date, he left work al
"Where the party with the burden of proof has not prevailed below, our scope of review is limited to a determination of whether or not all necessary findings of the Board are consistent with each other and with the conclusions of law and whether or not they can be sustained without a capricious disregard of competent evidence. Ruckstuhl v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 302, 426 A.2d 719 (1981). And, in conducting such an examination, the testimony must be examined in the light most favorable to the party in whose favor the Board has found, giving that party the benefit of all inferences which can logically and reasonably be drawn from the testimony. Lee v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 480, 426 A.2d 757 (1981). Questions of credibility and of evidentiary weight to be afforded the evidence are for the Board and not for this Court to resolve. Rowles v. Unemployment Compensation Board of Review, 56 Pa. Commonwealth Ct. 613, 425 A.2d 492 (1981).
It is true, of course, that a health problem may constitute a necessitous and compelling cause for voluntarily terminating employment. To qualify for unemployment compensation benefits, however, a claimant must prove by competent medical evidence that a prob
The claimant asserts that his constitutionally guaranteed due process rights were violated by a decision in the employer’s favor following a hearing at which the employer did not appear. He also objects that he was not afforded his right to face his accusers or to cross-examine them. In so arguing, however, he fails to recognize that the burden of proof was upon him and, that upon consideration of the evidence he himself offered, it is clear that he failed to meet this burden. Fallack v. Unemployment Compensation Board of Review, 39 Pa. Commonwealth Ct. 564, 395 A.2d 1058 (1979). The' presence or absence of the employer, therefore, was irrelevant.
Order
And Now, this 22nd day of March, 1982, the order of the' Unemployment Compensation Board of Review in the above-captioned matter is affirmed.