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ETOLIA DENT v. COMMONWEALTH PENNSYLVANIA (04/10/79)

decided: April 10, 1979.

ETOLIA DENT, 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 Etolia Dent, No. B-137580-B.

COUNSEL

Michael S. Bomstein, for petitioner.

William G. Dade, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.

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

Author: Craig

[ 41 Pa. Commw. Page 579]

Etolia Dent (claimant) has appealed from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision denying her benefits under Section 402(e) of the Unemployment Compensation Law,*fn1 on the ground that she had been discharged from her employment for willful misconduct.

Claimant was employed as a solderer by Ayden Monitor Systems from July 10, 1973 until discharged January 9, 1976 because of poor attendance.

The employer introduced testimony which established that (1) claimant had received an unsatisfactory attendance marking on her six-month evaluation report in August of 1975, and (2) claimant was on notice that her employer was dissatisfied with her attendance.

The relevant findings made by the Board state:

2. The claimant was discharged for excessive absenteeism.

[ 41 Pa. Commw. Page 5803]

. The claimant had a record of excessive absenteeism and received numerous warnings ...


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