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KATHLEEN JONES v. COMMONWEALTH PENNSYLVANIA (07/30/82)

decided: July 30, 1982.

KATHLEEN JONES, 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 Kathleen Jones, No. B-182084-A.

COUNSEL

Andrew F. Erba, for petitioner.

Francine Ostrovsky, Associate Counsel, with her Steven J. Neary, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish and Judges Rogers and Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 68 Pa. Commw. Page 98]

Kathleen Jones appeals an Unemployment Compensation Board of Review order which denied her benefits. We affirm.

Jones, a Keystone AAA employee, engaged in an altercation with a co-worker. While they were arguing,

[ 68 Pa. Commw. Page 99]

    a customer telephoned the co-worker and Jones twice placed the customer on hold so that she could continue the argument. She was discharged for interfering with the co-worker.

Our scope of review where the party with the burden of proof*fn1 has prevailed below is limited to determining whether the findings of fact are supported by substantial evidence. Maxwell v. Unemployment Compensation Board of Review, 54 Pa. Commonwealth Ct. 604, 423 A.3d 430 (1980).

The Board denied Jones' benefits, concluding that her conduct amounted to willful misconduct thus precluding her from receiving benefits under Section 402(e) of the Unemployment Compensation Law.*fn2 Although willful misconduct is not defined in the Law, our Court has stated that willful misconduct consists of:

[T]he wanton and willful disregard of an employer's interest, a deliberate violation of rules, a disregard of expected behavior standards or negligence manifesting culpability, wrongful intent, evil design or intentional and substantial disregard of ...


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