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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. MARGARET J. ERB (07/08/76)

decided: July 8, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
MARGARET J. ERB, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Margaret J. Erb, No. B-127917.

COUNSEL

Peter T. Campana, with him Campana & Campana, 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. Opinion by Judge Wilkinson. Judge Kramer did not participate in the decision in this case.

Author: Wilkinson

[ 25 Pa. Commw. Page 426]

Appellant was employed as a housekeeper for approximately one year, until December 5, 1974. On her last day appellant was assigned to clean the Williamsport National Bank. The vice president of the bank testified that because of prior evening thefts of bank property he was observing the bank building that evening, during which he observed appellant leaving the bank carrying what appeared to him to be a heavy object. Later that evening it was discovered that

[ 25 Pa. Commw. Page 427]

    coins were missing from the bank, however, appellant denied responsibility for the disappearance.

Appellant was discharged by her employer after he was advised by the bank vice president of his observations. Subsequently, appellant was charged with the theft of coins from the bank but was acquitted of these charges.

On December 8, 1974, appellant applied for unemployment compensation benefits. The Bureau of Employment Security denied benefits. On appeal, after a hearing, the referee affirmed the Bureau's determination. The Unemployment Compensation Board of Review remanded for an additional hearing, after which it affirmed the decision of the referee denying benefits.

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:

"An employe shall be ineligible for compensation ...


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