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MARIE S. BLYTHE v. COMMONWEALTH PENNSYLVANIA (07/12/79)

decided: July 12, 1979.

MARIE S. BLYTHE, 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 Marie S. Blythe, No. B-152935.

COUNSEL

John L. Lachall, with him Reilly, Fogwell & Lachall, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him J. Justin Blewitt, Acting Attorney General, for respondent.

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

Author: Blatt

[ 44 Pa. Commw. Page 206]

Marie S. Blythe (claimant) appeals here from an Unemployment Compensation Board of Review (Board) decision which denied her unemployment

[ 44 Pa. Commw. Page 207]

    benefits pursuant to Section 402(e) of the Unemployment Compensation Law*fn1 (Act).

The claimant, a licensed physical therapist, was employed as the Director of Physical Therapy at the Pocopson Home which is a county institution serving the elderly. On May 11, 1977, after refusing to resign at the request of the home's administrator, her services were terminated. Her application for unemployment compensation benefits was subsequently denied by the Bureau of Employment Security (Bureau) on the grounds that her discharge was for willful misconduct, and this refusal was affirmed by a referee and by the Board. This appeal followed.

The claimant's basic contention is that the activities which brought about her discharge did not amount to willful misconduct.

The referee's relevant findings were that:

2. During the course of her employment, the claimant attempted to modify treatment prescribed by doctors at the Pocopson Home and further beyond the scope of her employment, attempted to assume the duties and directions of her immediate supervisor and doctors working at the Pocopson Home.

3. During the course of her employment at the Pocopson Home, the claimant on at least some occasions, left patients in the ...


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