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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. STEPHEN IACANO (05/12/76)

decided: May 12, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
STEPHEN IACANO, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Steve Iacano, No. B-126948.

COUNSEL

Joseph N. Bifano, for appellant.

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

Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case.

Author: Mencer

[ 30 Pa. Commw. Page 52]

This is an appeal from a decision of the Unemployment Compensation Board of Review (Board) denying benefits to Stephen Iacano (appellant) on the ground that he had been discharged for willful misconduct within the meaning of the Unemployment Compensation Law*fn1 (Act). Section 402(e) of the Act, 43 P.S. ยง 802(e), provides in part:

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

[ 30 Pa. Commw. Page 53]

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

Appellant contends that the Board's findings of fact are not supported by substantial evidence. Further, he asserts that those findings, as a matter of law, are insufficient to support a conclusion of willful misconduct. We agree and therefore reverse and remand.

Willful misconduct has been judicially explained as follows:

As a general principle in order to deny unemployment compensation benefits to an employee, his or her action must involve a wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of his employees, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to the employer.

Loder v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 484, 488, 296 ...


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