Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Charles E. Boddy, No. B-185715.
Doreen S. Davis, Obermayer, Rebmann, Maxwell and Hippel, for petitioner.
Francine Ostrovsky, Associate Counsel, with her, Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.
[ 67 Pa. Commw. Page 622]
Kendal Crosslands, a residential development for senior citizens, has appealed from an order of the Unemployment Compensation Board of Review awarding benefits to Charles E. Boddy, a former chauffeur. Kendal argues that Boddy is ineligible for benefits because he was dismissed for willful misconduct consisting of two instances of negligence. We affirm the Board's order.
The Board made the following findings:
2. On December 12, 1980, one of the claimant's passengers fell and received minor injuries moments after being discharged from the bus which the claimant was driving.
3. On January 9, 1980, a passenger of the claimant apparently fell when her coat became
[ 67 Pa. Commw. Page 623]
caught in the door of claimant's vehicle and claimant began to drive away.
4. In both incidents, the claimant stopped to render assistance to the passengers, until he was satisfied that the passengers were being properly attended by others.
5. The employer found that the claimant was negligent in both incidents, and discharged the ...