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FREDERICK KNEISLER v. COMMONWEALTH PENNSYLVANIA (06/06/80)

decided: June 6, 1980.

FREDERICK KNEISLER, 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 Frederick Kneisler, No. B-169227.

COUNSEL

Jerome Balter, for petitioner.

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

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

Author: Crumlish

[ 52 Pa. Commw. Page 71]

The Unemployment Compensation Board of Review (Board) denied Frederick Kneisler unemployment compensation benefits pursuant to Section 402(e) of the Pennsylvania Unemployment Compensation Law which provides in part that an employee 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.*fn1

We affirm.

The referee found that Kneisler was last employed by SEPTA as a bus operator; that during the course of his 2 1/2 year employment he was involved in six different moving traffic accidents with company vehicles; that of the six accidents, one was unpreventable, one was preventable, and four were chargeable; that on October 24, 1977, Kneisler was suspended from his employment for five working days due to his involvement

[ 52 Pa. Commw. Page 72]

    in a preventable accident; that he was cautioned any future accident would result in discharge; that Kneisler had been given company training on safety precautions and sent to defensive driving school; that after his last warning, Kneisler was involved in an accident on May 17, 1978, with a company bus; that this accident was due to his neglect and chargeable; and finally, he was discharged for the accident.

Kneisler raises two issues in his appeal.

First, that the record lacks sufficient evidence to support the Board's conclusion that the accident ...


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