Opinion
April 17, 1963.
June 12, 1963.
Unemployment Compensation — Voluntary termination of employment — Retirement on pension — Ability to do work — Findings of fact by board — Appellate review.
1. In unemployment compensation cases, findings of fact by the board, supported by the testimony, are binding on appeal.
2. In this case, in which it appeared that claimant, last employed as a mail clerk, retired to accept a pension under the employer's optional retirement plan; and that the board found that claimant voluntarily terminated his employment because he felt that he was physically unable to perform his duties, that he did not request lighter work, that claimant was actually able to work, that he was not laid off or discharged, and that continuing employment was available; it was Held that claimant was properly denied benefits on the ground that he had voluntarily terminated his employment without cause of a necessitous and compelling nature.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 44, April T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-74301, in re claim of Walter E. Greenaway. Decision affirmed.
Walter E. Greenaway, appellant, in propria persona, submitted a brief.
Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued April 17, 1963.
Walter E. Greenaway was last employed as a mail clerk in the United States Post Office, Portage, Pennsylvania. His final day of work was November 24, 1961, on which date he retired to accept a pension under the employer's optional retirement plan. His application for benefits was disallowed by the Board of Review on the ground that he had voluntarily terminated his employment without cause of a necessitous and compelling nature, and was therefore disqualified under the provisions of Section 402(b)(1) of the Unemployment Compensation Law. Act of December 5, 1936, P.L. (1937) 2897, 402(b)(1), 43 P.S. 802 (b)(1). This appeal followed.
The employer's pension plan permits an employe to retire at age 55, provided he has 35 years service. Claimant in the case at bar was 59 years of age and had 43 years service. When asked by the Referee why he left work, he replied, "I reached retirement". The Board found that claimant voluntarily terminated his employment because he felt that he was physically unable to perform his duties, that he did not request lighter work, that claimant was actually able to work, that he was not laid off or discharged, and that continuing employment was available. Although claimant contends that the Board's findings of fact "are incorrect", our examination of the record reveals that they are fully supported by the testimony. We are therefore bound by them: Whalen Unemployment Compensation Case, 201 Pa. Super. 77, 191 A.2d 742. This appeal is ruled, inter alia, by Craven Unemployment Compensation Case, 195 Pa. Super. 136, 169 A.2d 336, and Zelek Unemployment Compensation Case, 194 Pa. Super. 228, 166 A.2d 110.
Decision affirmed.