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DONALD E. ORLOSKI v. COMMONWEALTH PENNSYLVANIA (06/20/80)

decided: June 20, 1980.

DONALD E. ORLOSKI, 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 Donald E. Orloski, No. B-142581-B.

COUNSEL

Dorean D. Nelson, with her Arnold H. Cantor, for petitioner.

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

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

Author: Rogers

[ 52 Pa. Commw. Page 255]

Donald E. Orloski has appealed from an order of the Unemployment Compensation Board of Review denying unemployment compensation benefits on the ground of his willful misconduct. Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e). We affirm.

Orloski was employed by the United States Postal Service as a postal carrier for about thirteen years.

[ 52 Pa. Commw. Page 256]

In July 1976, following an investigation, Orloski was apprehended by the Postal Inspection Service for the alleged theft and destruction of mail. He was suspended and subsequently dismissed from his employment. The Office of Employment Security, a referee and the Board all found Orloski ineligible for unemployment compensation benefits for willful misconduct in stealing and destroying mail. Unfortunately, the referee found as facts only that Orloski was suspended after being apprehended for theft and destruction of mail and that criminal charges had been filed against him. On appeal, this court vacated the Board's final determination and remanded "for specific findings as to whether Claimant purloined or destroyed the mail and, if so, to conclude as a matter of law that these transgressions constitute willful misconduct." Orloski v. Unemployment Compensation Board of Review, 38 Pa. Commonwealth Ct. 174, 178, 392 A.2d 333, 335 (1978).

The Board upon remand took additional evidence through its referee and found as fact, inter alia, that:

2. The claimant was suspended from . . . employment effective July 31, 1976 after being apprehended by the Postal Inspection Services on July 28, 1976 for the theft and destruction of mail.

3. Criminal charges were filed against the claimant regarding the theft and destruction of mail.

4. On July 5, 1977 the claimant was found guilty of the charges in Federal Court and was sentenced ...


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