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RISTIS UNEMPLOYMENT COMPENSATION CASE. RIEHL v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (07/21/55)

July 21, 1955

RISTIS UNEMPLOYMENT COMPENSATION CASE. RIEHL, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 76, April T., 1955, by employer, from decision of Unemployment Compensation Board of Review, December 29, 1954, decision No. B-38369, in re claim of Frances P. Ristis. Decision affirmed.

COUNSEL

Martin Croissant, for appellant.

William L. Hammond, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 401]

OPINION BY WOODSIDE, J.

Frances P. Ristis, the claimant herein, was declared eligible for unemployment compensation benefits by the bureau, the referee and the board.

The appellant, who was claimant's last employer, contends she should be disqualified under the provisions of Section 402(e), 43 PS ยง 802, of the Unemployment Compensation Law, of December 5, 1936, P.L. 2897 (1937) as amended, which provides:

"A claimant shall be ineligible for compensation for any week...

"(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work..."

"Willful misconduct" as used in this section does not necessarily require actual intent to wrong the employer. If there is a conscious indifference to the perpetration of a wrong, or a reckless disregard of the employe's duty to his employer he can be discharged for "willful misconduct" and will be denied compensation. Allen Unemployment Compensation Case, 168 Pa. Superior Ct. 295, 77 A.2d 889 (1951).

[ 178 Pa. Super. Page 402]

As suggested by Judge Reno in the above case at page 297 it is difficult to "mark the precise connotative boundaries of the term 'willful', as employed in the law. The word carries various shades ...


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