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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. ALFRED TUMOLO (06/22/76)

decided: June 22, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
ALFRED TUMOLO, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Alfred Tumolo, No. B-126598.

COUNSEL

Richard P. Perna, with him Thomas G. Linsley, 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 the decision in this case.

Author: Blatt

[ 25 Pa. Commw. Page 266]

Alfred Tumolo (claimant) has filed this appeal from a decision of the Unemployment Compensation Board of Review (Board), dated July 10, 1975, which affirmed the referee's denial of unemployment compensation benefits. The claimant was held guilty of willful misconduct and so ineligible for benefits under Section 402(e) of the Unemployment Compensation Law.*fn1

The Board made the following "Findings of Fact":

"1. Claimant was last employed as a Respiratory Therapy Technician by the Methodist Hospital at a final rate of $3.50 an hour and his last day of work was December 19, 1974.

"2. On December 10, 1974, during a discussion with the Patient Transfer Manager concerning a patient, the claimant made the remark that 'I don't cater to no G -- d -- patient.'

"3. While the particular patient under discussion was not in their vicinity at the time, other patients were there, within 15 to 20 feet from the claimant, and it was possible for them to have heard the remark.

"4. As a result of this remark, the claimant was discharged on December 19, 1974.

[ 25 Pa. Commw. Page 267]

"5. The Director of Respiratory Therapy, claimant's superior, had received complaints in the past from patients about the treatment they received from the claimant, and the claimant had been warned ...


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