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EMILIO VENANZI v. COMMONWEALTH PENNSYLVANIA (04/02/79)

decided: April 2, 1979.

EMILIO VENANZI, 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 Emilio Venanzi, No. B-152063.

COUNSEL

Richard B. Gelade, for petitioner.

Reese F. Couch, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

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

Author: Wilkinson

[ 41 Pa. Commw. Page 449]

In this appeal, petitioner (claimant) challenges the finding of the Unemployment Compensation Board of Review (Board) that he is ineligible for benefits because his discharge was for willful misconduct pursuant to 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). We affirm.

Claimant, a truck driver, was discharged and subsequently denied unemployment compensation benefits on the basis of his involvement in three accidents with company trucks during a period of about three weeks. Although the middle accident was attributed to claimant's attempt to avoid an animal on the road, each of the other two resulted in citations for careless driving. The Board concluded from the evidence presented that "claimant's conduct was negligent and had a detrimental impact on his employer's interest" justifying the conclusion that claimant's conduct constituted willful misconduct.

Substantial evidence supports the Board's finding of negligence and the detrimental impact it had on employer's interest. Claimant argues that the evidence of the citations is hearsay and incompetent to support a finding of negligence. No authority is necessary to support our conclusion that the following testimony given by claimant vitiates any strength that argument might otherwise have had.

QR: Did you appear in court on any of these?

AC: Yes, I appeared in court on the first one and I appeared in court on the third one.

QR: What was the outcome?

AC: Well careless driving, I got a ...


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