171 Pa. Super. 491 | Pa. Super. Ct. | 1952
Opinion by
Edward J. Oravec, appellant, filed an initial application for unemployment compensation benefits in June, 1950, and the department determined that he was eligible for the period July 14 to December 15, 1950. Claimant’s employer did not appeal the decision of the department, and claimant was paid for the period named. On June 6, 1951, without any intervening employment, claimant filed a second benefit year application in Detroit against the Commonwealth of Pennsylvania. The employer protested this claim and a hearing was held before a referee who denied compensation. The board affirmed the referee on November 14, 1951. Claimant now contends that the decision of the department on the first application was res judicata of the question whether he was “laid off” or voluntarily quit his employment.
There is also, substantial, credible evidence to support tbe board’s findings that claimant, aged 65, terminated his employment on June 30, 1950, in order to apply for a miner’s pension and Social Security benefits; that be was physically able to continue in bis employment bad be so desired and was not prevented from continuing to do so by any action of bis employer; that be voluntarily quit bis employment without good cause.
Decision affirmed.
Act of December 5, 1936, P. L. (1937) 2897, art. IV, §401 (c), as last amended by tbe Act of May 23, 1949, P. L. 1738, §10, 43 PS §801.