Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Joseph Isabella, No. B-185894.
John L. Walder, for petitioner.
Francine Ostrovsky, Assistant Attorney General, with her Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.
Judges Mencer, Rogers and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Wilkinson, Jr. did not participate in the decision in this case.
[ 59 Pa. Commw. Page 299]
This is an appeal by Joseph Isabella (Claimant) from a decision of the Unemployment Compensation Board of Review (Board), affirming the referee's denial of benefits on the basis of Claimant's willful misconduct.*fn1
Claimant was last employed as an assistant manager by Burt's Shoe Store (Employer), a division of Edison Brothers Shoes. Claimant was employed by Employer for approximately one and one half years, at the final rate of $160.00 per week plus commission. On Claimant's last day of work, April 18, 1980, Claimant entered into a verbal confrontation with the store's manager, his immediate supervisor. The referee made further findings of fact regarding this incident:
[ 59 Pa. Commw. Page 3003]
. The claimant's supervisor had attempted to caution the claimant concerning his correctly counting stock received on the previous day.
4. In the process of the conversation, the claimant indicated that he was responsible for half of the store, and he did not wish to further discuss the situation.
5. The claimant then told the manager of the store that the daily deposit had not been made and he was, thereupon, instructed to make the deposit, in that it was his responsibility.
6. The claimant indicated that he was tired, his back was hurting him, and he asked the manager of the ...