194 Pa. Super. 179 | Pa. Super. Ct. | 1960
Opinion by
In this unemployment compensation case the claimant, Mike Pozniak, was denied benefits because he terminated his employment without cause of a necessitous and compelling nature in voluntarily electing to retire under-an Employer’s retirement plan, in violation of §402(b) of the Unemployment Compensation- Law, 43 PS §802(b). The Bureau of Employment Security denied benefits; the Referee reversed and allowed benefits; the Board reversed this decision of the referee and denied benefits. Hence this appeal.
The claimant, who was 67 years of age, was last employed as a shearman by the Bethlehem Steel Company, Johnstown, Pennsylvania. His last day of work was March 27, 1959, after working 42 years for this employer. He suffered a stroke and was hospitalized for twenty-one days. He was paid social insurance benefits provided by the employer from April 3, 1959, until September 30, 1959.
The board’s finding of fact that “On October 1, 1959 the claimant voluntarily retired from his employment” is supported by sufficient, competent evidence. Kaman Unemployment Compensation Case, 192 Pa. Superior Ct. 509, 161 A. 2d 663 (1960); Mayer Unemployment Compensation Case, 192 Pa. Superior Ct. 504, 161 A. 2d 660 (1960).
Decision affirmed.