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WILLIAM PARKE v. COMMONWEALTH PENNSYLVANIA (11/03/78)

decided: November 3, 1978.

WILLIAM PARKE, 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 William Parke, No. B-140357-B.

COUNSEL

Michael Goldberg, with him James Kearney, and Alan Linder, for petitioner.

Daniel Schuckers, Assistant Attorney General, with him James Bradley, Assistant Attorney General, and Gerald Gornish, Attorney General, for respondent.

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

Author: Blatt

[ 38 Pa. Commw. Page 383]

This is an appeal by William Parke (claimant) from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits.

The claimant was employed by Jones Motor Company (employer) as a tractor-trailer driver and truck loader. From December 1974 until his last day of work in March 1976, he was involved in five vehicle

[ 38 Pa. Commw. Page 384]

    accidents, all designated by the employer as "preventable." After each accident he was warned that he would have to be more careful, and after the fifth one he was discharged. He then applied for unemployment compensation benefits, which were denied. The referee's decision was based on 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 directs that a claimant shall not be eligible for benefits for any week in which unemployment is the result of discharge for willful misconduct connected with the claimant's work. The referee's decision was upheld on appeal to the Board.

In an unemployment compensation case the burden is on the employer to prove that the discharge of an employee was the result of his willful misconduct. Romanovich v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 501, 379 A.2d 1065 (1977). 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).

The employer's evidence of willful misconduct consisted of testimony by an employer's representative who stated that the accidents were "preventable." This ...


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