Appeal by claimant, from decision of Unemployment Compensation Board of Review, No. B-98342, in re claim of Hezzie C. Jones.
Samuel Dashiell, for appellant.
Sydney Reuben, Assistant Attorney General, with him William C. Sennett, Attorney General, for Unemployment Compensation Board of Review, appellee.
Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., and Wright, J., absent). Dissenting Opinion by Hoffman, J.
[ 211 Pa. Super. Page 500]
Dissenting Opinion by Hoffman, J.:
The claimant was employed by Yale and Towne, Inc. for a period of two years as a welder. On December 23, 1966, he became involved in a fight with a truck driver, of another employer, who was delivering supplies to the claimant's employer. The fight occurred about 3:40 p.m. in the parking lot of claimant's employer. As a result of the fight the truck driver was hospitalized.
Claimant was suspended from his job on January 6, 1967, because of this altercation. As a result of a
[ 211 Pa. Super. Page 501]
conviction,*fn1 for assault and battery and aggravated assault and battery, claimant's suspension was ...