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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. HERMAN VEREEN (03/15/77)

decided: March 15, 1977.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
HERMAN VEREEN, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Herman Vereen, No. B-131076.

COUNSEL

J. Barnard Noble, for appellant.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 29 Pa. Commw. Page 253]

This is an appeal from an order of the Unemployment Compensation Board of Review (Board) disallowing further appeal to Herman Vereen (claimant) from a referee's decision denying him benefits. The referee's denial was based on the claimant's being ineligible for compensation under the provisions of Section 402(e) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e), which provides in part:

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. . . .

Claimant contends that the Board's crucial finding of fact is not supported by substantial evidence. Further, he asserts that the Board's findings of fact, as a matter of law, are insufficient to support a conclusion of willful misconduct. We agree and therefore reverse.

Willful misconduct has been judicially explained as follows:

[ 29 Pa. Commw. Page 254]

As a general principle in order to deny unemployment compensation benefits to an employee, his or her action must involve a wanton or willful 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 employees, 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 interests or of the employee's duties and obligations to the employer.

Loder v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 484, 488, 296 ...


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