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DONALD E. ORLOSKI v. COMMONWEALTH PENNSYLVANIA (10/18/78)

decided: October 18, 1978.

DONALD E. ORLOSKI, 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 Donald E. Orloski, No. B-142581.

COUNSEL

Arnold H. Cantor, with him David G. Petonic, for petitioner.

Michael Klein, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Crumlish Jr., Wilkinson, Jr. and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 38 Pa. Commw. Page 175]

Donald E. Orloski, Claimant, appeals from a decision of the Unemployment Compensation Appeal Board of Review (Board) denying him benefits.

Claimant served for approximately 13 years as a carrier for the United States Post Office until he was apprehended by the Postal Inspection Service for the

[ 38 Pa. Commw. Page 176]

    alleged theft and destruction of mail in July, 1976. The Board, which denied benefits for the compensable weeks ending August 21, 1976 and August 28, 1976, affirmed the referee's decision, citing Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e), which provides, in pertinent part:

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

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

The referee made only two findings of fact relative to our inquiry:

2. Claimant was suspended from his employment effective July 31, 1976, after being apprehended by the Postal Inspection Service on July 28, 1976 ...


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