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JOHN ENDRES v. COMMONWEALTH PENNSYLVANIA (09/19/78)

decided: September 19, 1978.

JOHN ENDRES, 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 John Endres, No. B-136874-B.

COUNSEL

Richard P. Perna, for petitioner.

Reese F. Couch, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 37 Pa. Commw. Page 568]

John Endres (Appellant) appeals the decision of the Unemployment Compensation Board of Review (Board) denying him benefits because he had been discharged. He asserts that the findings of fact made by the referee do not as a matter of law justify a

[ 37 Pa. Commw. Page 569]

    conclusion that he had been discharged because of willful misconduct.

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), denies an applicant compensation for any week "[i]n which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work." "Willful misconduct" has been defined by this Court as:

(1) the wanton and wilful disregard of the employer's interest, (2) the deliberate violation of rules, (3) the disregard of standards of behavior which an employer can rightfully expect from his employe, or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for the employer's interests or the employee's duties and obligations.

Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 97, 309 A.2d 165, 168-69 (1973).

Whether or not the facts found by the Board justify legal conclusion of willful misconduct is a question of law which this Court may properly decide. Kentucky Fried Chicken, supra, 10 ...


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