193 Pa. Super. 49 | Pa. Super. Ct. | 1960
Opinion by
This is an appeal from the decision of the Unemployment, Compensation Board of Review denying the appellant unemployment compensation on the ground that she was disqualified under the provisions of §402(b)
This part of the law provides: “An employe shall be ineligible for compensation for any week— ... (b)(1) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature ...”
The claimant was pregnant. During the time in question, the law provided that she was conclusively presumed to be unavailable for work and ineligible for benefits for any week of unemployment after seven and one half months
She worked for the Curtis Publishing Co. as a general office clerk. One of her duties was to take readings off of the presses, which she did every two hours. She claims that because of her pregnancy she was afraid that while making these readings she might fall because the floor around the presses was slippery.
The employer would have permitted her to continue her employment until 7y2 months of her pregnancy had been reached. Since she voluntarily terminated her employment prior to that time, the burden was upon her to show cause of a necessitous and compelling nature for so doing. Johnson Unemployment Compensation Case, 182 Pa. Superior Ct. 138, 125 A. 2d 458 (1956). The board concluded that she had not met that burden.
The board found as a fact that “The claimant voluntarily terminated her employment . . . because of pregnancy.” The evidence concerning the floors was contradictory. It was a question of fact whether the condition of the floors constituted a cause of compelling and necessitous nature for her quitting her employment. The board decided against her. A trier of fact is not required to accept even uncontradicted testimony as true: Lavely Unemployment Compensation Case, 163 Pa. Superior Ct. 66, 67, 60 A. 2d 352 (1948); District of Columbia’s Appeal, 343 Pa. 65, 79, 21 A. 2d 883, 890 (1941). There was no capricious disregard of evidence in the board’s finding that the condition of the floors did not constitute a cause of necessitous and compelling nature for her leaving.
If she is to be eligible for unemployment benefits, her conduct must be consistent with a genuine desire to work, when she is pregnant as well as when she is
Decision affirmed.
Now, 30 days prior to anticipated birth. Act No. 693 (1959).