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RONALD P. GROSSMAN v. COMMONWEALTH PENNSYLVANIA (06/27/78)

decided: June 27, 1978.

RONALD P. GROSSMAN, 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 Ronald P. Grossman, No. B-124738.

COUNSEL

S. Sanford Kantz, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Bernadette A. Duncan, 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 Crumlish, Jr.

Author: Crumlish

[ 36 Pa. Commw. Page 312]

Ronald P. Grossman (Claimant) appeals a decision of the Unemployment Compensation Board of Review which, after remand by this Court, affirmed a referee's denial of benefits.

On April 22, 1974, Claimant was instructed by his superiors in the Pennsylvania State Police (Employer) to travel from New Castle, Pennsylvania, where he was stationed, to Erie, Pennsylvania, pursuant to an insurance fraud investigation. Claimant's normal working hours were 8 o'clock A.M. to 4:30 P.M. However, at 3:30 P.M. that day, Claimant received permission from his headquarters to work two additional hours. Subsequent thereto, Appellant drove from Erie

[ 36 Pa. Commw. Page 313]

    to West Pittsburgh located in Lawrence County. Later that evening, a caller telephoned one of Claimant's superiors, Lieutenant Fonseca, complaining of Claimant's conduct. Through interviews and reports from third parties, Lieutenant Fonseca was told that Claimant discharged a weapon; that he had been seen drinking at a private club; that Claimant was also seen shooting pool for drinks in a private club; and that Claimant had illegally parked his official vehicle on a sidewalk. As a result of these allegations and his refusal to answer any questions concerning his whereabouts that evening, Claimant was suspended for a period of 30 days.

In addition to the 30-day suspension, Claimant was suspended for a five-day period for failure to properly report an absence due to illness. After an initial decision by the Board affirming the referee's denial of benefits based upon this conduct, Claimant appealed to this Court which remanded the case to the Board for the purpose of providing more detailed and precise findings of fact. On remand, the Board, without taking additional testimony, rendered a second decision affirming the referee. Claimant appeals this denial of benefits to our Court.

Claimant first raises for our consideration his contention that the findings of fact are not supported by substantial evidence of record. We disagree. The findings of the Board alleged by Claimant to be relevant to this inquiry are the following:

2. On April 24, 1974, the claimant was granted permission by his superior to work overtime and return late from Erie where he was conducting an investigation using a state automobile.

3. A rule of the Pennsylvania State Police, known to the claimant, required that he report back from ...


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