Hollingsworth Tool Works v. Review Bd. of Ind. Employment Sec. Division

• Decision Date: 04 April 1949
• Docket Number: 17841.
• Citation: 84 N.E.2d 895,119 Ind.App. 191
• Parties: HOLLINGSWORTH TOOL WORKS v. REVIEW BOARD OF INDIANA EMPLOYMENT SECURITY DIVISION et al.
• Court: Indiana Appellate Court

84 N.E.2d 895

119 Ind.App. 191

HOLLINGSWORTH TOOL WORKS v. REVIEW BOARD OF INDIANA EMPLOYMENT SECURITY DIVISION et al.

No. 17841.

Appellate Court of Indiana, in Banc.

April 4, 1949

Appeal from Industrial Board.

J. Raymond Tindall, of Indianapolis, for appellant.

Allen A. North, of Indianapolis, J. Emmett McManamon, Atty. Gen James A. Watson, Deputy Atty. Gen., and Glen F. Kline Counsel for Employment Security Division, of Indianapolis for appellees.

WILTROUT Judge.

Appellant was the employer of one William J. McCullough who filed a claim for unemployment benefits with the Indiana Employment Security Division. From a decision of the review board, appellant presents its appeal to this court.

The only question to be determined is whether good cause was established to waive the disqualification provision of § 1507(a) of the Indiana Employment Security Act, § 52-1539f, Burns' 1933 (Supp.), which reads as follows:

'Notwithstanding any other provisions of this act, no benefit rights shall accrue to any individual based upon wages earned from any employer prior to the day upon which:

'(a). Such individual left work voluntarily to marry or because of marital, parental, filial, or other domestic obligations; Provided, however, That a referee or the review board in accordance with the procedure established in section 1803 hereof, may, upon good cause shown, waive or modify such denial of benefits for such reasons.'

The decision of the review board was that good cause had been shown for a waiver of the denial of benefits, and that the claimant, if otherwise eligible, was entitled to his waiting period and benefit rights.

§ 1812 of the Indiana Employment Security Act, § 52-1542k, Burns' 1933 (Supp.), provides that any decision of the review board shall be conclusive and binding as to all questions of fact. Therefore this court will not weigh the evidence and will consider only that evidence most favorable to the decision of the board. White v. Review Board 1944, 114 Ind.App. 383, 52 N.E.2d 500.

The employee, a machinist, gave his employer a week's notice, and left his employment in Indianapolis. He moved to a small community where there is no industrial activity.

The reason for leaving his employment and so moving was that his wife had cirrhosis of the spine, was in a very nervous condition, and wanted to move to this small community where she had numerous friends. The review board inferred from the evidence that she could be better cared for among such friends. Her physical condition was not such as to preclude her husband from being away from home during regular working hours.

He made an active independent search for work in nearby communities where job opportunities normally exist for his work classification. He had an automobile for transportation to and from such work areas.

The finding of the review board that good...