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HANOVER CONCRETE CO. v. COMMONWEALTH PENNSYLVANIA (06/21/79)

decided: June 21, 1979.

HANOVER CONCRETE CO., 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 Ralph E. Shorb, No. B-143272.

COUNSEL

Daniel M. Frey, with him Crabbs, Cashman & Frey, for petitioner.

Michael Klein, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

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

Author: Crumlish

[ 43 Pa. Commw. Page 464]

Claimant, Ralph E. Shorb, was granted unemployment compensation benefits by a referee and the Unemployment Compensation Board of Review (Board). His employer, Hanover Concrete Company (Hanover), appeals. We affirm.

We hold the Board did not err in determining that Shorb's conduct was not willful misconduct chargeable under Section 402(e) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second

[ 43 Pa. Commw. Page 465]

Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e).

Shorb, a truck driver, was notified of his dismissal from work because on one occasion he publicly disparaged a customer's credit rating.*fn1 However, at the referee and Board hearings Hanover presented over objection, evidence of additional grounds for the discharge which were disregarded in overturning the Bureau's denial of benefits.

The Board argues that, as a reviewing body of the Department of Labor and Industry, it may only consider the merits of the incident which was the subject of the Bureau of Employment Security's determination notice. In support, it cites 34 Pa. Code § 101.87:

When an appeal is taken from a decision of the Department, the Department shall be deemed to have ruled upon all matters and questions pertaining to the claim. In hearing the appeal the tribunal shall consider the issues expressly ruled upon in the decision from which the appeal was filed. However, any issue in the case may, with the approval of the parties, be heard, if the ...


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