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ROMEO UNEMPLOYMENT COMPENSATION CASE. (09/13/62)

THE SUPERIOR COURT OF PENNSYLVANIA


September 13, 1962

ROMEO UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 154, Oct. T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-69077, in re claim of Carmella T. Romeo. Decision affirmed.

COUNSEL

Joseph E. Gallagher, with him O'Malley, Morgan, Bour & Gallagher, for appellant.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Ervin, Wright Woodside, Montgomery, and Flood, JJ. (watkins, J., absent).

Author: Woodside

[ 199 Pa. Super. Page 33]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Unemployment Compensation Board of Review denying compensation to the claimant on the ground she was guilty of willful misconduct. See § 402(e) of the Unemployment Compensation Law, 43 P.S. § 802(e).

[ 199 Pa. Super. Page 34]

The board found that the claimant was advised by her physician, on January 2, not to go to work because she injured her wrist and that she telephoned her employer and reported her absence due to illness. On January 6, the claimant was found working in the family store and was discharged for misrepresentation of her absence.

The credibility of the witnesses, the weight of their testimony, and the reasonable inferences to be drawn from it are for the board. Ristis Unemployment Compensation Case, 178 Pa. Superior Ct. 400, 403, 116 A.2d 271 (1955). The evidence shows that following a telephone call, the claimant's employer sent a representative to the store where he found the claimant with an apron sweeping the floor. The claimant further signed a statement in which the termination of her employment was listed as "Falsification, working while being paid sick leave." The evidence was sufficient to support a finding of willful misconduct.

Disposition

Order affirmed.

19620913

© 1998 VersusLaw Inc.



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