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METZGER UNEMPLOYMENT COMPENSATION CASE. (03/24/60)

THE SUPERIOR COURT OF PENNSYLVANIA


March 24, 1960

METZGER UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 27, March T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-51805, in re claim of Kenneth J. Metzger. Decision affirmed.

COUNSEL

Kenneth J. Metzger, appellant in propria persona, submitted a brief.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for appellee.

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

[ 191 Pa. Super. Page 589]

OPINION PER CURIAM.

The Bureau of Employment Security, the referee and the Board of Review each concluded that Kenneth J. Metzger, the appellant in this case, was not entitled to unemployment compensation because his unemployment was due to his discharge from work for willful misconduct connected with his work. See § 402(e) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, as amended, 43 PS § 802(e).

The board found that Metzger was instructed by his supervisor to perform certain work which he refused to do and, that after a second request was made of him, he "took the supervisor by the neck and pushed him away". As a result of this conduct, he was discharged. There is no serious dispute concerning the facts.

The board properly concluded that the claimant's behavior constituted willful misconduct connected with his work and that, having been discharged for such conduct, he was ineligible for compensation. Willful misconduct comprehends, among other things, a disregard of standards of behavior which an employer has a right to expect from an employe. Moyer Unemployment

[ 191 Pa. Super. Page 590]

Compensation Case, 177 Pa. Superior Ct. 72, 110 A.2d 753 (1955); Gagliardi Unemployment Compensation Case, 186 Pa. Superior Ct. 142, 141 A.2d 410 (1958).

Disposition

Decision affirmed.

19600324

© 1998 VersusLaw Inc.



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