Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Leon T. Clark, No. B-128837.
Harry Bowytz, Chief Counsel, with him James P. Deeley, Assistant Attorney General, for appellant.
Susan Shinkman, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, for appellee.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
The Pennsylvania Liquor Control Board (employer) has appealed from the decision of the Unemployment Compensation Board of Review (Board). The Board had reversed a referee's decision which denied
benefits to the claimant, and had ordered that benefits be allowed.
The claimant was discharged for misappropriating Commonwealth funds, and this discharge was affirmed by the Civil Service Commission.*fn1 When the claimant applied for unemployment compensation benefits, the employer challenged his eligibility citing 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. § 802(e), which provides, inter alia, as follows:
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 connected with his work. . . .
The Bureau of Employment Security (Bureau) denied benefits and, after a hearing, the referee affirmed that denial, finding that the claimant had been guilty of willful misconduct. The claimant appealed to the Board which, after reviewing the evidence, found that the "claimant did not misappropriate Commonwealth funds or violate sales procedure," reversed the referee, and granted benefits. This appeal followed.
It was the employer's burden to prove that the discharged employee was guilty of willful misconduct, Unemployment Compensation Board of Review v. Bacon, ...