71 A.2d 837 | Pa. Super. Ct. | 1949
Argued October 6, 1949.
Claimant, the appellant here, separated from her employment on January 3, 1949. She registered for work and filed a compensation claim for the week ending January 28, 1949, following her waiting week ending January 21, 1949. The bureau disallowed the claim on the ground that claimant voluntarily left her employment without good cause within the meaning of § 402(b) of the Unemployment Compensation Law, as amended by the Act of June 30, 1947, P. L. 1186,
Claimant had been employed for about five years as a "drop wire" employe in defendant's silk mill. Her duty, as we understand it, was to place "drop wires" on the threads of the warp at the back of the looms. When a thread broke a "drop wire" would fall and automatically stop the electrically operated machine. She testified that for about a year she had a girl helper to assist her but the girl was not an experienced worker and claimant had asked for additional help to service an increased number of looms assigned to her. The foreman did not agree that additional help was necessary and refused her request. On arrival at her home, after completing her eight hour shift on January 3, 1949, she *357 called her foreman by telephone and advised him that she was not going to report for work thereafter. Claimant never returned to work. At the hearings in this proceeding she produced a certificate of her doctor stating that she had been under his care since December 1948. She testified that she did not discuss her job with him and had not informed him as to the nature of her work. He advised her "to take it easy" but did not tell her to quit her job nor certify that she was unable to work during the period. On findings to the above effect the Board stated: "Under all the circumstances, we are not convinced that the claimant had a compelling and necessitous reason for leaving. We, therefore, conclude that the claimant is ineligible under the provisions of Section 402(b) of the law", and on that ground the Board affirmed the Referee.
The burden was on claimant to establish good cause for voluntarily leaving her work: Kaylock Unemploy. CompensationCase,
The findings of the Board are supported by the evidence and they are binding upon us. Act of December 5, 1936, P. L. (1937) 2897, § 510,
Order affirmed.