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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. JUANITO RODRIGUEZ (01/09/76)

decided: January 9, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
JUANITO RODRIGUEZ, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Juanito Rodriguez, No. B-124522.

COUNSEL

Ernest E. Jones, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Wilkinson

[ 22 Pa. Commw. Page 587]

Appellant worked for four years prior to June 2, 1974, as a frozen food packer. On that date, he was scheduled to return to work from a two-week vacation

[ 22 Pa. Commw. Page 588]

    but, having a headache, did not report as scheduled. Appellant's only attempt to contact his employer that day was by a phone call; however, the line was busy.

The following day, June 3, 1974, appellant reported for work and was discharged for unauthorized absenteeism. On at least one occasion prior to that, appellant had been warned not to be absent without proper notification to his employer.

Appellant filed an application for unemployment compensation benefits which was denied by the Bureau of Employment Security. On appeal and after a hearing, the referee affirmed the denial on the basis of 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) (Law). The Unemployment Compensation Board of Review (Board) affirmed the referee's determination and it is from this decision that the instant appeal is taken.

Section 402(e) of the law provides:

"An employe shall be ineligible for compensation for any week --

"(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct ...


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