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FERDINANDO MELIGNANO v. COMMONWEALTH PENNSYLVANIA (12/26/79)

decided: December 26, 1979.

FERDINANDO MELIGNANO, 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: Ferdinando Melignano, No. B-149314-B.

COUNSEL

Lydia Hernandez-Velez, for petitioner.

Gary Marini, Assistant Attorney General, with him James K. Bradley, Assistant Attorney General, Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

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

Author: Disalle

[ 48 Pa. Commw. Page 181]

Ferdinando Melignano (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits by reason of a determination that Claimant's discharge was due to willful misconduct on his part. Claimant argues that the Board erred in so doing.

The Board made the following findings of fact:

1. The claimant was last employed by Luithlen Dye Corp. as a dye house helper at a final rate of pay of $5.15 an hour and his last day of work was February 23, 1977.

2. The claimant had been previously warned by the employer regarding tardiness and excessive absenteeism for personal reasons.

3. The claimant reported for work on February 23, 1977, and requested time off to see an attorney.

4. The claimant did not have an appointment nor did he have a specific lawyer in mind.

5. The employer refused the claimant's request and after working three-quarters (3/4) of an hour the claimant walked off the job stating that the work was ...


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