Appeal, No. 176, April T., 1958, by employer, from decision of Unemployment Compensation Board of Review, No. B-5-J-404, in re claim of Edgar L. Gossett. Decision affirmed.
Ira B. Coldren, Jr., with him Herman M. Buck, and Ray, Coldren & Buck, for appellant.
Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Ervin, and Watkins, JJ. (wright and Woodside, JJ., absent).
[ 188 Pa. Super. Page 190]
This is an appeal by Atlantic Freight Lines, Inc., from the decision of the Unemployment Compensation Board of Review granting benefits to one of its former employes, Edgar L. Gossett. Atlantic contends that claimant was disqualified under section 402 (e) of the Law, 43 PS § 802 (e), which provides: "An employe
[ 188 Pa. Super. Page 191]
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, irrespective of whether or not such work is 'employment' as defined in this act; ..."
The findings of the board, which are supported by the evidence, are briefly as follows. The claimant was last employed by Atlantic for a period of approximately eleven months, his last day of work being September 21, 1957. On August 26, 1957, claimant was involved in an accident at Lorain, Ohio, and he was instructed by his employer to have his eyeglasses adjusted. On September 19, 1957, the claimant was again involved in an accident. The second accident occurred in Jeannette, Pennsylvania, when claimant drove out of a side street and attempted to make a left turn; another vehicle, approaching at a high speed, "hooked" the front bumper on claimant's truck. Following the second accident claimant proceeded to his initial destination in Jeannette, where his truck was loaded with its assigned shipment. After the truck was loaded claimant telephoned the home office of Atlantic, in Uniontown, and was ordered to proceed to make his delivery. Claimant made the delivery in Ohio and picked up a return load. This work required about three days. On the Monday following claimant's return, he was called by his employer and instructed to proceed to the home office to prepare an accident report, which instructions he followed. The employer then notified claimant that he was discharged because of the accidents and to protect the employer's insurance fund.
The bureau, the referee, and the board concluded that claimant was eligible for benefits.
Atlantic contends that the claimant was discharged for willful misconduct in ...