Opinion
November 21, 1946.
December 11, 1946.
Unemployment compensation — Voluntary separation — Elective retirement on pension — Findings of fact — Appellate review.
1. Findings of fact by the unemployment compensation authorities, supported by the evidence, are binding upon the appellate court.
2. In an unemployment compensation case, in which it appeared that claimant elected to be, and was, retired on a pension although she might have retained her position until she reached a later age, it was Held that claimant had voluntarily separated herself from her employment.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeal, No. 165, Oct. T., 1946, by claimant, Mae P. Hall, from Decision of Unemployment Compensation Board of Review, confirming decision of referee denying unemployment compensation, Appeal No. B-44-99-G-1347. Decision affirmed.
Samuel Kagle, with him Oscar Brown, for appellant.
Roland M. Morgan, with him R. Carlyle Fee, Assistant Special Deputy Attorney General, Charles R. Davis, Special Deputy Attorney General, and James H. Duff, Attorney General, for appellee.
Argued November 21, 1946.
The board adopted the referee's findings of fact which established that claimant-appellant, with a service rating of thirty-four years as an employe of the Bell Telephone Company, elected to be, and was, retired on a pension of $30.00 per month, although she was only 55 years old and might have retained her position until she became 65 years old. The testimony was oral and conflicting, and the unemployment compensation authorities resolved the question of credibility against claimant. The findings of fact are supported by the evidence, and they are binding upon us. Unemployment Compensation Law, § 510, 43 P. S. § 830. With the essential facts found against her, the contention that she was laid off cannot be sustained. She separated herself from her employment voluntarily. Id. § 402 (b), 43 P. S. § 802.
Decision affirmed.