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STEPHEN TISAK v. COMMONWEALTH PENNSYLVANIA (01/30/81)

decided: January 30, 1981.

STEPHEN TISAK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Stephen Tisak, No. B-171963.

COUNSEL

Joseph M. Olimpi, for petitioner.

Steven R. Marcuse, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for respondent.

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

Author: Mencer

[ 56 Pa. Commw. Page 400]

Stephen Tisak (petitioner) has appealed from a decision of the Unemployment Compensation Board of Review (Board) which denied benefits pursuant to 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) (dealing with willful misconduct). We affirm.

Based upon substantial evidence, the referee found:

1. Claimant was last employed by Townsend & Bottum, Inc. as a truck driver at a base pay of $9.15 per hour from June 20, 1978 until January 18, 1979 his last day of work.

2. On January 18, 1979 claimant was discharged for refusing to follow a direct order from the superintendent to park his truck at a specific area to be loaded.

3. Claimant refused to comply with the superintendant's order contending that the

[ 56 Pa. Commw. Page 401]

    fumes from a cherry picker, parked idling nearby, were detrimental to his health.

4. Claimant was advised several years ago to change his job and the last time the claimant saw a ...


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