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PAUL WINNAIL v. COMMONWEALTH PENNSYLVANIA (07/15/77)

decided: July 15, 1977.

PAUL WINNAIL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Paul Winnail, No. B-127474.

COUNSEL

Paul F. Winnail, petitioner, for himself.

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

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

Author: Rogers

[ 31 Pa. Commw. Page 115]

Paul Winnail's claim for unemployment benefits was granted by the Bureau of Employment Security. His employer appealed the grant of benefits and a referee decided that Winnail was ineligible for benefits because he was discharged from his job for his

[ 31 Pa. Commw. Page 116]

    willful misconduct pursuant to 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). The Unemployment Compensation Board of Review (Board) affirmed. It later, at Winnail's request, reconsidered its decision and ordered a rehearing. After the second hearing, the Board again denied benefits and again concluded, as did the referee who first heard the matter, that:

The claimant alleged that his pay for October, 1974, was improperly computed, and he went from one company official to another, finally ending up in the president's office. There he created a disturbance in front of several company officials, he was asked to leave but continued his argument. He was thereupon discharged for creating the disturbance and refusing to leave the office. His actions constitute a willful disregard of his employer's interests, and the discharge which followed renders him ineligible to receive benefits.

It is to be noted that the claimant did not introduce any credible evidence to support his contention that he was improperly paid. The Board has resolved this and other discrepancies between his testimony and that of the employer in favor of the employer. (Emphasis added.)

Winnail appeals the Board's decision which we affirm.

[ 31 Pa. Commw. Page 117]

In the absence of fraud, the scope of our review in unemployment compensation cases is limited to questions of law and to whether the Board's findings are supported by the evidence on record. Questions of credibility and the weight to be given evidence are for the Board to determine. Furthermore, the party for whom the Board finds favorably is to be given the benefit of any inference which can be reasonably and logically drawn from the evidence. ...


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