Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Bruce N. Fritz, No. B-189406.
Andrew F. Erba, for petitioner.
Charles Hasson, Associate Counsel, with him Steven J. Neary, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Mencer did not participate in the decision in this case.
[ 66 Pa. Commw. Page 493]
Bruce N. Fritz (Claimant) appeals here from an order of the Unemployment Compensation Board of Review which reversed a referee's award of benefits. The referee found Claimant's absences and lateness were mainly due to his health problems and state of mind. On that basis, the referee reversed the decision of the Office of Employment Security and found Claimant was not guilty of willful misconduct and therefore eligible for unemployment compensation benefits. The Unemployment Compensation Board of Review*fn1 reversed the referee's determination and
[ 66 Pa. Commw. Page 494]
denied benefits on the basis of willful misconduct, Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e).
The facts of this case are not in dispute. Claimant was last employed by Philadelphia Electric Company (Employer) as an Apprentice Machine Helper for seven and one-half years. During his tenure Claimant had a long history of attendance related problems which resulted in numerous warnings and suspensions. On December 14, 1979, Claimant returned to work after one of his suspensions. From that point in time until February 22, 1980, Claimant's last day of work, his attendance record was as follows:
December 20, 1979 Late 3/4 hours
January 14, 1980 Late 1 1/2 hours
January 18, 1980 Late ...