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ROBERT N. TOOMEY TRUCKING CO. v. COMMONWEALTH PENNSYLVANIA (06/22/78)

decided: June 22, 1978.

ROBERT N. TOOMEY TRUCKING CO., 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 Billy M. Barr, No. B-139487.

COUNSEL

Daniel L. Carn, with him Carn & Vaughn, for petitioner.

Susan Shinkman, Assistant Attorney General, with her Robert P. Kane, Attorney General, for respondent.

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

Author: Wilkinson

[ 36 Pa. Commw. Page 245]

Petitioner appeals from an award by the Unemployment Compensation Board of Review (Board) granting the claim of claimant. The claim had been disallowed by the Bureau of Employment Security which action was reversed by the referee. We affirm the action of the Board granting the claim.

Claimant had been a truck driver employed by petitioner. He had been discharged. It is petitioner's position that he was discharged for willful misconduct. The willful misconduct charge was:

(a) Wilful violations of ICC safety rules after warning and refusal to acknowledge same.

[ 36 Pa. Commw. Page 246]

(b) Criminal conviction detrimental to the employer.

(c) Blowing an engine on one of the employer's vehicles.

(d) Traveling off-route.

The petitioner offered evidence that did support ...


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