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DEBORAH F. WETZEL v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (03/10/77)

decided: March 10, 1977.

DEBORAH F. WETZEL, APPELLANT
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Deborah F. Wetzel, No. B-127040-B.

COUNSEL

George J. Nagle, 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, Wilkinson, Jr. and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 29 Pa. Commw. Page 196]

This is an appeal by Deborah F. Wetzel (appellant) from an order of the Unemployment Compensation Board of Review (Board), dated February 19, 1976, which affirmed a referee's determination that appellant had been discharged for willful misconduct and was ineligible for benefits under 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).

Appellant was initially granted benefits by the Bureau of Employment Security. The referee reversed the Bureau's determination and denied benefits pursuant to Section 402(e). The Board reversed the referee's decision, but upon petition for reconsideration vacated its decision on September 4, 1975.

[ 29 Pa. Commw. Page 197]

After argument before the Board en banc the Board made the following findings of fact:*fn1

(1) The claimant was last employed by Geisinger Medical Center, Danville, Pennsylvania, for fourteen months as a nurse's assistant at $2.47 per hour and her last day of work was March 14, 1975.

(2) From January 1974 through November, 1974, claimant was employed in the In-Patient area; however, in November, 1974, at claimant's request, she was transferred to the Surgical Out-Patient Department.

(3) After being transferred, claimant had been warned and counseled on four occasions regarding crocheting while on duty and failure to properly stock ...


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