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PELLEGRINO v. UNEMPLOYMENT COMPENSATION BOARD REVIEW (04/27/73)

decided: April 27, 1973.

PELLEGRINO
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Josephine Pellegrino, No. B-111994.

COUNSEL

Richard S. Packel, Delaware County Legal Assistance Association, Inc., for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 8 Pa. Commw. Page 487]

This is an unemployment compensation case in which all the compensation authorities denied benefits to the claimant because they concluded that her unemployment was due to a discharge for willful misconduct in violation of Section 402(e) of the Unemployment Compensation Law,*fn1 43 P.S. ยง 802(e).*fn2

The claimant, Josephine Pellegrino, was last employed on September 15, 1971 as a machine operator by Crystal X Corporation, Darby, Pennsylvania. She was so employed by this company for three years and eight months and was earning $2.05 per hour.

The findings of fact disclose:

"2. On September 15, 1971, the claimant was instructed by her supervisor to perform a work assignment.

[ 8 Pa. Commw. Page 488]

"3. Although the work assignment was reasonable and consistent with her work duties, the claimant refused to perform the work assignment as directed.

"4. The claimant was previously warned by her supervisor regarding her refusal to perform ...


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