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JOSEPH FEEKO v. COMMONWEALTH PENNSYLVANIA (06/05/81)

decided: June 5, 1981.

JOSEPH FEEKO, 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 Joseph Feeko, No. B-169821-C.

COUNSEL

James S. Palermo, for petitioner.

William Kennedy, Assistant Attorney General, with him Elsa D. Newman-Silverstine, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

President Judge Crumlish and Judges Blatt and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 59 Pa. Commw. Page 517]

The Unemployment Compensation Board of Review denied Joseph Feeko benefits on the basis of

[ 59 Pa. Commw. Page 518]

    willful misconduct connected with his work.*fn1 We affirm.

The referee made the following findings of fact:

1. The claimant was last employed as a driller helper by Beltrami Enterprises for aproximately four years at a final hourly rate of $5.47, and his last day of work was November 10, 1978.

2. Claimant was discharged on his last day of work for stealing gasoline for use in his own automobile.

3. On November 10, 1978, at approximately 10 a.m., the claimant used a company gas pump for the purpose of filling a driller's truck with gasoline. In addition to filling the truck, the claimant ...


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