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GERALD K. SOCASH v. COMMONWEALTH PENNSYLVANIA (11/03/82)

decided: November 3, 1982.

GERALD K. SOCASH, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Gerald K. Socash, No. B-192021.

COUNSEL

Kenneth P. Walsh, for petitioner.

Steven J. Neary, Associate Counsel, with him Joel G. Cavicchia, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Rogers

[ 69 Pa. Commw. Page 517]

Gerald K. Socash appeals from the denial of his claim for unemployment compensation benefits which denial was predicated on a determination by the unemployment compensation authorities that Mr. Socash had been discharged from his position as a truck driver for R. T. Merryman Trucking on account of his disqualifying willful misconduct.

The incident of misconduct alleged by the employer and found by the Unemployment Compensation Board of Review to have been proved by credible competent evidence is described in the Board's finding number two as follows:

2. On October 17, 1980, the claimant was traveling at a high rate of speed around the tipple,*fn1 passed a truck that was going out of the tipple, and nearly collided with the truck.

The single issue raised by the claimant for our review is whether this finding is supported by substantial evidence of record.

At a hearing conducted by an unemployment compensation referee, the claimant and his supervisor testified as to the events of October 17, 1980, as follows:

Employer's Testimony

Referee: Mr. Merryman, was he discharged ...


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