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BARBARA RESNICK v. COMMONWEALTH PENNSYLVANIA (04/14/81)

decided: April 14, 1981.

BARBARA RESNICK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. TEMPLE UNIVERSITY -- OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Barbara Resnick, No. B-183214.

COUNSEL

Gerard J. Woods, Iovine & Woods, P.C., for petitioner.

No appearance for respondent.

Richard L. Kornblith, with him Theodore J. Martineau and George E. Moore, Ballard, Spahr, Andrews & Ingersoll, for intervenor.

Judges Mencer, Rogers and Palladino, sitting as a panel of three. Opinion by Judge Rogers. Judge Wilkinson did not participate in the decision in this case.

Author: Rogers

[ 58 Pa. Commw. Page 505]

Barbara Resnick (claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) denying her unemployment benefits on the grounds that her discharge from employment as a receptionist in the Oral Surgery Department of the Temple University School of Dentistry (dental school)

[ 58 Pa. Commw. Page 506]

    was a result of her willful misconduct within the meaning of Section 402(e) of the Unemployment Compensation Law.*fn1

The claimant's duties included receiving money from patients at the dental school, issuing receipts to the patients and, at the close of each workday, delivering the money received to the cashier where it was exchanged for a treasurer's receipt. Before delivery to the cashier, the money received from patients each day was kept in a locked metal box to which the claimant and her supervisor had keys.

Great care was taken each day by the claimant and the cashier to ensure that the dollar amount recorded on the treasurer's receipt accurately reflected the amount of money delivered by the claimant to the cashier. In contrast, it was the claimant's uncontradicted testimony that prior to the events leading to her discharge no attempt was made by anyone to ascertain whether the sum of patient receipts issued was equal to the amount delivered to the cashier and recorded on the treasurer's receipt.

On March 26, 1979, Irene Tribble, claimant's supervisor, reported to her superiors that the claimant's patient receipt book recorded that $186.00 had been received from patients that day while the amount evidenced by the treasurer's receipt as having been delivered to the cashier was $54.00. The claimant was then suspended from her employment and an investigation was conducted after which the claimant was discharged.

On this appeal the claimant argues that two crucial factual findings of the Board are not supported by substantial evidence in the ...


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