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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. RAMON CARDELLINO (05/25/76)

decided: May 25, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
RAMON CARDELLINO, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Ramon Cardellino, No. B-126535.

COUNSEL

Laurence D. Mass, 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, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Kramer did not participate in this decision in this case.

Author: Blatt

[ 24 Pa. Commw. Page 618]

Ramon Cardellino (claimant) has filed this appeal from a decision of the Unemployment Compensation Board of Review (Board), dated July 8, 1975, which affirmed the referee's denial of unemployment compensation benefits for willful misconduct pursuant to Section 402(e) of the Unemployment Compensation Law.*fn1

The Board's decision contained the following "Findings of Fact":

"1. The claimant was last employed by Gulphwyn Corporation, Merion, Pennsylvania, as a Laborer for four months at $250 per week, and his last day of work was September 18, 1974.

"2. During the course of his employment, claimant was consistently late and received numerous warnings.

[ 24 Pa. Commw. Page 619]

"3. On September 18, 1974, when claimant failed to heed the warnings of the employer and continued to be late, he was discharged."

In willful misconduct cases, the burden of establishing the claimant's ineligibility is placed upon the employer. Our scope of review is limited to questions of law and to a determination of whether or not the findings of the Board are supported by substantial evidence. The question as to whether or not a claimant's conduct constituted willful misconduct is, of course, one of law and subject to our review. Unemployment Compensation Board of Review v. Walton, 21 Pa. Commonwealth Ct. 47, 343 A.2d 70 (1975); Sturniolo v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 475, 338 A.2d 794 (1975). And, as we have held previously:

"'Misconduct within the meaning of an unemployment compensation act excluding from its benefit an employee discharged for misconduct must be an act of wanton or wilful 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 employe 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 interest or the employe's duties and obligations to the ...


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