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LEONA SEMON v. COMMONWEALTH PENNSYLVANIA (08/19/80)

decided: August 19, 1980.

LEONA SEMON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WESTON COMPONENTS AND CONTROLS, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Leona Semon, No. B-173384.

COUNSEL

John P. Pesota, for petitioner.

Elsa D. Newman-Silverstine, Assistant Attorney General, with her Richard Wagner, Chief Counsel, for respondent.

Charles A. Shaffer, Flanagan, Doran, Biscontini & Shaffer, for intervenor.

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

Author: Macphail

[ 53 Pa. Commw. Page 502]

Leona Semon (Claimant) appeals to this Court from an order of the Unemployment Compensation

[ 53 Pa. Commw. Page 503]

Board of Review (Board) denying her unemployment compensation benefits. Weston Components & Controls Division of Sangamo Weston, Inc. (Weston), Claimant's former employer, has entered this appeal as an intervenor.

Claimant applied for benefits on March 19, 1979; her last day of work had been March 9, 1979. The Bureau (now Office) of Employment Security granted benefits on April 6, 1979. Weston appealed from the grant of benefits and a hearing was held before the referee on May 4, 1979. The referee reversed the grant of benefits and found that Claimant is not eligible for benefits because she was discharged by Weston for wilful misconduct within the meaning of 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). The Board affirmed the referee's decision and adopted the referee's findings of fact.

The burden to prove wilful misconduct is placed upon the employer. Paige v. Unemployment Compensation Board of Review, 39 Pa. Commonwealth Ct. 141, 394 A.2d 1318 (1978). Because the party having the burden of proof succeeded below, the findings of the Board are conclusive upon this Court in the absence of fraud and if the findings are supported by substantial evidence. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977).

Wilful misconduct is established where an employee's behavior constitutes a wanton and wilful disregard of the employer's interests or the deliberate violation of the employer's rules or the disregard of standards of behavior which an employer can rightfully expect from his employee or negligence which manifests culpability, wrongful intent, evil design or intentional ...


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