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RICKS UNEMPLOYMENT COMPENSATION CASE. (11/12/57)

November 12, 1957

RICKS UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 306, Oct. T., 1957, from decision of Unemployment Compensation Board of Review, May 28, 1957, No. B-44576, in re claim of Garland F. Ricks. Decision affirmed.

COUNSEL

Leslie P. Hill, for claimant, appellant.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney Generl, for Unemployment Compensation Board of Review, appellee.

A. S. Keyser, with him Kleinbard, Bell & Brecker, for employer, intervenor-appellee.

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

Author: Watkins

[ 184 Pa. Super. Page 512]

OPINION BY WATKINS, J.

The appellant in this Unemployment Compensation case, was employed as a porter by the Keystone Building Maintenance Corporation, the intervenor-appellee. He was discharged for willful misconduct connected with his work within the meaning of Section 402 (e) of the Unemployment Compensation Law, in that he appeared for work in an intoxicated condition so that it it was necessary for appellee's foreman to send him home.

The bureau, the referee and the board disallowed compensation and found the following facts pertinent to this appeal.

"3. Claimant was warned on numerous occasions about reporting for work in an unfit condition due to drinking."

"4. On January 13, 1957 claimant reported for work in such an unfit condition, due to intoxication, that it was necessary for the foreman to send him home. As a result of this last incident claimant was discharged."

Although there was conflicting testimony, the record discloses that the appellant was absent from work on numerous occasions as ...


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