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LOU J. D'IORIO v. COMMONWEALTH PENNSYLVANIA (05/04/79)

decided: May 4, 1979.

LOU J. D'IORIO, 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 Lou J. D'Iorio, No. B-138073.

COUNSEL

Frank J. Marcone, for appellant.

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

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

Author: Crumlish

[ 42 Pa. Commw. Page 444]

The Unemployment Compensation Board of Review (Board) disallowed further appeal to Lou J. D'Iorio thereby affirming a referee's denial of benefits. The referee's denial was based on the claimant's being ineligible for compensation under the provisions of Section 3 of the Unemployment Compensation Law (Act),*fn1 which provides in part:

Security against unemployment and the spread of indigency can best be provided by the systematic setting aside of financial reserves to be used as compensation for loss of wages by employes during periods when they become unemployed through no fault of their own.

D'Iorio, a five-year veteran of the Criminal Investigation Division (C.I.D.) of the District Attorney's Office of Delaware County, was terminated on February 27, 1976. Denying benefits, the referee made the following findings:

[ 42 Pa. Commw. Page 4452]

. Claimant was terminated by the District Attorney on February 27, 1976 for socializing with a convicted felon, and the seizure of a photograph of the claimant during a drug raid in a convicted felon's home, which was detrimental to the security of the District Attorney's office.

3. Claimant admitted socializing with this convicted felon when the photograph was taken, and had socialized with him frequently while being in the Criminal Investigation Division.

4. Claimant was aware that this type of behavior was not in the best interest of the position he held and the office of the District Attorney.

The referee concluded that D'Iorio caused his own separation due to his behavior which was detrimental to the security of the District Attorney's office, and which limited ...


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