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STEVEN TROYEN v. COMMONWEALTH PENNSYLVANIA (03/29/78)

decided: March 29, 1978.

STEVEN TROYEN, 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 Steven Troyen, No. B-136960.

COUNSEL

Andrew F. Erba, for appellant.

Reese F. Couch, Assistant Attorney General, with him 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

[ 34 Pa. Commw. Page 446]

This is an appeal by Steven Troyen (claimant) from an order of the Unemployment Compensation Board of Review (Board) which ruled him ineligible for unemployment compensation benefits. The Board's determination was based on 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), which states in relevant part:

An employe shall be ineligible for compensation for any week --

[ 34 Pa. Commw. Page 447]

(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work. . . .

In support of its order, the Board entered but five findings of fact:

1. The claimant was last employed by Philadelphia Newspapers, Inc., Philadelphia, Pa. for approximately 1 1/2 years as a district manager at $190.00 per week plus $50.00 per week automobile expenses and his last day of work was September 27, 1975.

2. Claimant, upon beginning his work day, is required to pick up his 'bundle mail' which contains customer's complaints as well as what duties claimant was to perform that day.

3. Claimant, prior to his last day of work, received warnings for failing to pick up his ...


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