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HORACE W. LONGACRE v. COMMONWEALTH PENNSYLVANIA (03/08/74)

decided: March 8, 1974.

HORACE W. LONGACRE, INC., APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Wilma L. Westfall, No. B-112686.

COUNSEL

Robert G. Bricker, with him Souder and Rosenberger, for appellant.

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

Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 12 Pa. Commw. Page 177]

The Pennsylvania Unemployment Compensation Board of Review in a decision dated May 5, 1972, granted claimant Wilma L. Westfall compensation benefits. Horace W. Longacre, Inc., her employer, appeals.

The pertinent facts gleaned from an unclear record present the following factual picture. Claimant worked

[ 12 Pa. Commw. Page 178]

    as a roll packer in Appellant's food processing plant. Immediately prior to a scheduled break, Lynn Richards, an assistant foreman, the Claimant and three other female employees engaged in a lively discussion about a particular work assignment. Richards shouted the assignment to the employees as they began their break and told them that if they did not like it, they "could go home." At this point, Richards grabbed Claimant's arm and told her the assignment included her. The Claimant then gratuitously advised Richards to: "Go to hell." Claimant was then told that her employment was terminated.

The Bureau of Employment Security and the Referee both denied benefits to the Claimant determining that her conduct amounted to "willful misconduct." The Unemployment Compensation Board of Review (Board) reversed the decision of the Referee.

In an unemployment compensation case, review by the Commonwealth Court in the absence of fraud is confined to questions of law and a determination of whether the findings of the Unemployment Compensation Board of Review are supported by the evidence, leaving to the Board questions of credibility and weight of the evidence and giving to the prevailing party the benefit of any favorable inferences which can reasonably and logically be drawn therefrom. Dennis L. Marcantonio v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 204, 309 A.2d 462 (1973).

Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e), provides, in part, that an employee shall be ineligible for compensation for any week: "(e) In which his unemployment is due to his discharge or temporary ...


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