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FRANCE UNEMPLOYMENT COMPENSATION CASE (06/17/65)

decided: June 17, 1965.

FRANCE UNEMPLOYMENT COMPENSATION CASE


Appeal by claimant, from decision of Unemployment Compensation Board of Review, No. B-87267-B, in re claim of John I. France.

COUNSEL

Henry A. Hudson, Jr., with him Behrend, Phillips & Hudson, for appellant.

Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Watkins, J. Dissenting Opinion by Hoffman, J.

Author: Watkins

[ 205 Pa. Super. Page 506]

In this unemployment compensation case the compensation authorities all denied benefits to the claimant concluding that his unemployment was due to a discharge for willful misconduct in violation of § 402(e) of the Unemployment Compensation Law, 43 P.S. § 802(e).

The claimant, John I. France, was last employed as a truck driver by the McKinney Drilling Company, Monroeville, Pennsylvania, on March 6, 1964. He was so employed by this company for six years and earned $2.50 per hour.

The findings of fact disclose:

"2. The claimant, just prior to his last day of work, was given specific instructions to unload a truckload of pipes at the Sears-Roebuck Company on Roosevelt Boulevard in Philadelphia, Pennsylvania, next to two drilling rigs and a crane where the employer had been working.

"3. The claimant did not unload the pipe at the site that he was instructed to unload it.

"4. The employer was put to great expense as a result of the claimant's negligence because the entire work force was unable to continue its job and because

[ 205 Pa. Super. Page 507]

    the pipe had to be picked up and moved to the ...


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