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KAREN L. SCHEEL v. COMMONWEALTH PENNSYLVANIA (05/15/79)

decided: May 15, 1979.

KAREN L. SCHEEL, 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 Karen L. Scheel, No. B-146058-B.

COUNSEL

Kevin B. Curley, for petitioner.

John T. Kupchinsky, Assistant Attorney General, with him J. Justin Blewitt, Acting Attorney General, for respondent.

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

Author: Mencer

[ 42 Pa. Commw. Page 610]

Karen L. Scheel (claimant) was denied unemployment compensation benefits as a result of a referee's determination that claimant had been discharged for willful misconduct. The Unemployment Compensation Board of Review (Board) affirmed the referee's decision and this appeal followed. We affirm.

Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess.,

[ 42 Pa. Commw. Page 611]

P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e), provides:

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. . . .

We have defined willful misconduct as a wanton and willful disregard of the employer's interest, a deliberate violation of rules, a disregard of standards of behavior which an employer can rightfully expect from his employee, or 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 ...


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