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JAMES H. O'DONNEL v. COMMONWEALTH PENNSYLVANIA (04/13/82)

decided: April 13, 1982.

JAMES H. O'DONNEL, 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 James H. O'Donnell, No. B-186375.

COUNSEL

William D. Moyer, Jr., for petitioner.

Charles Hasson, Associate Counsel, with him Karen Durkin, Associate Counsel, Richard Wagner, Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Craig, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 66 Pa. Commw. Page 106]

In this unemployment compensation appeal, the claimant*fn1 questions a denial of benefits by the board,*fn2 reversing a referee's decision allowing benefits to claimant. The board's basis for denying compensation was the willful misconduct provision of the Unemployment Compensation Law.*fn3

On March 27, 1980, the claimant, who had been employed by Kiester, McColgan and Son for fifteen years as a plumber, was discharged partly for violating a company rule governing the unloading of company trucks, as follows:

2. There will be no loading or unloading of your tools at your car. Loading and unloading will take place at the shop before 7:45 a.m. and after 4:45 p.m.

Also included as a basis for discharge was the allegation that some of the employer's property transferred

[ 66 Pa. Commw. Page 107]

    by claimant from a company truck to claimant's automobile had been misappropriated.

The board's determination that claimant was guilty of willful misconduct, as to the loading place rule, is based ...


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