35 Pa. Commw. 293 | Pa. Commw. Ct. | 1978
Opinion by
Robert E. Jones (claimant) brings this appeal from a decision of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s decision that he should be disqualified from receiving unemployment compensation.
The claimant does not dispute the fact that he voluntarily left the laborer job, and it became his burden, therefore, to show that he did so for cause of a necessitous and compelling nature. Baird v. Unemployment Compensation Board of Review, 30 Pa. Commonwealth Ct. 118, 372 A.2d 1254 (1977). At the time of the investigation into the incident by the compensation authorities, he signed a statement that he quit his job because he had not discussed overtime pay with the employer and he had ‘ ‘ heard from the other employees that this employer paid only straight time for hours over 40 hrs.” This statement was admitted into evidence by the referee. At the referee’s hearing, the claimant testified, however, that the real reason he had not returned to the job was because the work was too heavy and that it had aggravated an ankle injury which he had sustained in high school. The referee did not resolve this issue, but simply found that the claimant terminated his employment without notice to the employer and that continuing work was available had he wished to remain employed.
We will, therefore, affirm the Board’s decision that this claimant should be disqualified from receiving unemployment compensation pursuant to Section 402(b) (1) of the Act, 43 P.S. §802(b) (1).
Order
And Now, this 15th day of May, 1978, the three orders of the Unemployment Compensation Board of
Act of December 5, 1936, Second Ex. Sess., P.D. (1937) 2897, as amended, 43 P.S. §751 et seq.