28 Pa. Commw. 516 | Pa. Commw. Ct. | 1977
Opinion by
This appeal stems; from the decision of the Unemployment Compensation Board of Review (Board) denying benefits to Donald Stockdill (Claimant).
Claimant, an unemployed, qualified crane operator, testified at his hearing before the referee that he had left his home in Georgetown, Pennsylvania, to travel to Brooksville, Kentucky, where he had been informed that positions as crane operators were available. Claimant was subsequently hired by the Seaward Construction Company (Seaward). In response to questions of the referee, Claimant admitted neither job duties nor salary was specified by his employer when he was hired. In fact, Claimant was; hired as an unskilled laborer and worked loading poles onto trucks for as many as, twelve hours a day at a rate of pay which, he testified, was far less than he had contemplated. Claimant left the job after three days, infering in his testimony that until that time he was. unaware of the true nature, conditions and compensation of his new employment. Subsequently, hei applied for unemployment compensation benefits. The Bureau of Employment Security (Bureau) denied benefits based
Section 402(b)(1) of the Act provides that an employe shall be ineligible for unemployment compensation benefits for any week in which the unemployment is due to his voluntarily leaving work without cause of a necessitous and compelling nature. The section further provides that in the determination of whether a necessitous and compelling cause exists, consideration is to be' given to the factors provided under Section 4(t) of the Act, 43 P.S. §753.(t), with respect to suitability. As we stated in Mosley v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 447, 451, 327 A.2d 199, 201 (1974), Section 402(b)(1) “expressly requires the compensation authorities to consider the suitability of the job which a claimant has quit in determining whether a termination was: for necessitous, and compelling reasons.” The Court wrote:
By voluntarily accepting a job which he .subsequently quits, a claimant has admitted to its initial suitability with respect to wages and conditions of employment; and this evidence must be overcome by evidence of a change in conditions of employment or that the claimant was deceived as to or not aware of the conditions later alleged to be onerous when he entered the employment relationship.
15 Pa. Commonwealth Ct. at 451, 327 A.2d at 201.
The Board of Review wishes to note that any argument that the job in Kentucky was ‘unsuitable work’ for the claimant is rebutted by the fact that the claimant knew of the requirements and conditions of the job and decided to take it. See Mosley v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 447 (1974).
It is beyond discussion that in unemployment compensation cases review by this Court is limited to questions of law and a determination of whether the findings of fact are supported by the evidence, leaving to the Board questions of credibility and evidentiary weight. Unemployment Compensation Board of Review v. Grossman, 22 Pa. Commonwealth Ct. 550, 349 A.2d 779 (1976). Furthermore, it is clear that the party prevailing before the Board is to receive the benefit of any inferences which can reasonably be drawn from the evidence. Unemployment Compensation Board of Review v. Wright, 25 Pa. Commonwealth Ct. 522, 360 A.2d 842 (1976).
Statements of Claimant to the. effect that he did not know or bother to ask about the nature of his job duties or his rate of pay, are the only evidence of record going to the question of suitability. It is well recognized in unemployment compensation cases that questions of credibility and evidentiary weight are
Accordingly, we
Order
And Now, this 8th day of February, 1977, the order of the Unemployment Compensation Board of Review is hereby affirmed.