Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Bernard Walkowsky, No. B-174871.
E. R. Walker, Kuyat & Walker, for petitioner.
Karen Durkin, Associate Counsel, with her William Kennedy, Associate Counsel, Richard Wagner, Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Mencer, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge MacPhail. Judge Mencer dissents.
[ 63 Pa. Commw. Page 487]
Bernard Walkowsky (Claimant) has appealed from an order of the Unemployment Compensation Board of Review (Board) which denied benefits for willful misconduct within the meaning of 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. § 802(e).
In November 1978, Claimant was employed by David Selders (Employer) in his bathroom installation business. After he was discharged on March 26, 1979, Claimant applied for unemployment compensation benefits. The Employer testified that he had discharged Claimant for lying.*fn1
The referee made the following relevant findings of fact, which were adopted by the Board:
3. The employer just prior to March 21, 1979 received a written request from a future employer of the claimant and on March 21, 1979 the employer asked the claimant when the last
[ 63 Pa. Commw. Page 488]
job application for another employer was made by the claimant. Claimant responded by saying, ' to tell you the truth Dave, it was long before I came to work for you '.
4. The employer asked the claimant again about the job application with another employer on March 22, 1979; however, the employer let the claimant know this time that he had received the inquiry from the future employer.
5. The employer on March 22, 1979 had occasion to ask the claimant about how much time he took for lunch on March 21, 1979 and ...