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JANE ADAMS v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (06/13/77)

decided: June 13, 1977.

JANE ADAMS, 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 Jane Adams, No. B-131308.

COUNSEL

Michael P. Shay, with him Jackson M. Sigmon, and Sigmon, Littner & Ross, P.C., for appellant.

David Bianco, 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 Mencer.

Author: Mencer

[ 30 Pa. Commw. Page 501]

This appeal has been taken from a decision of the Unemployment Compensation Board of Review (Board) which denied benefits to Jane Adams (claimant) due to willful misconduct.*fn1 Since the Board's decision reversing the referee's award of benefits was supported by the evidence and not erroneous as a matter of law, we affirm.

For 18 months prior to October 25, 1975, the claimant worked as a travel consultant for Wainwright's Travel Service, Inc. (employer). About a month before October 25, the claimant asked the president of the employer for permission to go on a cruise. Among the employer's written rules on vacations were the following:

Vacations cannot -- be taken in January, February, October, or November as these four months are the busiest and all employees are required.

Thirty-days notice must be given prior to vacations or any solid one week leave, unless in case of extreme emergency. (Emphasis in original.)

Because of these rules, her request was refused. On the morning of October 25, she notified the vice president, the president's wife, that she was leaving that day for a one-week cruise to Bermuda. The claimant's stated reason for going on the cruise was illness due to an allergic reaction to the new paint in her apartment. When the president of the employer learned of her departure, the claimant was discharged.

The referee accepted the claimant's testimony on her illness in awarding benefits. The Board, however, stated in its discussion that her testimony was self-serving

[ 30 Pa. Commw. Page 502]

    and lacking in credibility. It reversed the referee and denied benefits on the ground of willful misconduct. In determining whether the Board's finding of willful misconduct was proper, we look to see whether the taking of the cruise in October was in violation of the employer's ...


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