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LOUIS D. KNOWLDEN v. COMMONWEALTH PENNSYLVANIA (09/22/81)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 22, 1981.

LOUIS D. KNOWLDEN, 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 Louis D. Knowlden, No. B-183453.

COUNSEL

James F. Cendoma, for petitioner.

Joel Cavicchia, Associate Counsel, with him Richard Wagner, Chief Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Rogers, Blatt and MacPhail, sitting as a panel of three.

Author: Per Curiam

[ 62 Pa. Commw. Page 14]

Memorandum Opinion and Order

The appellant, an unsuccessful claimant of unemployment compensation, while driving his employer's tractor-trailer truck had two accidents on the same day. In each, the claimant, who was following another vehicle on ice and snow covered roads was unable to bring his vehicle to safe stops. In the first, he avoided striking the leading vehicle, which had gone into a spin, by jackknifing his equipment. As a result more than $2,000 in damages was done to the tractor-trailer. In the second incident, the claimant was unable to stop his equipment before colliding with the leading vehicle which had stopped at an intersection to make a left-hand turn. This accident was the cause of more than $4,800 in damages. The claimant was not charged with violating the traffic laws in the first instance; but in the second he was charged with driving too fast for conditions and paid the fine. There is substantial evidence in this record that the claimant was negligent in both instances which, contrary to the claimant's argument in this appeal, amply supports the conclusion that on these occasions the claimant demonstrated substantial disregard for his employer's interests and committed acts of disqualifying willful misconduct. Schappe v. Unemployment Compensation Board of Review, 38 Pa. Commonwealth Ct. 249, 392 A.2d 353 (1978).

Order affirmed.

Per Curiam Order

And Now, this 22nd day of September, 1981, the decision of the Board of Review made July 30, 1980, is affirmed.

Disposition

Affirmed.

19810922

© 1998 VersusLaw Inc.



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