Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ANGELA IZZO v. COMMONWEALTH PENNSYLVANIA (11/30/82)

decided: November 30, 1982.

ANGELA IZZO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. COUNTY OF BERKS, INTERVENING RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Angela Izzo, No. B-193136.

COUNSEL

David M. Rosenberg, Robinson & Geraldo, for petitioner.

Alan S. Readinger, First Assistant County Solicitor, for intervenor.

Judges Rogers, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 70 Pa. Commw. Page 170]

This is an appeal from a determination of the Unemployment Compensation Board of Review (Board) that the claimant, Angela Izzo, is ineligible for benefits under Section 402(e) of the Pennsylvania Unemployment Compensation Law (Act)*fn1 because of her willful misconduct. We affirm.

The Board found that Ms. Izzo was employed as a legal secretary in the Berks County solicitor's office from February, 1972, until August 4, 1980, when the event which precipitated her termination occurred. Upon her return from an extended lunch period, she was informed by another secretary in the office that her supervisor wanted to see her in his office promptly. Claimant refused to go, asserting that she had a "rush job" to do; a second notification by the co-worker elicited the same response. The employer subsequently discharged Ms. Izzo for, inter alia, insubordination and poor job performance.

In applying the law to these facts, the Board determined that the request made by claimant's superior

[ 70 Pa. Commw. Page 171]

    was not unreasonable, and that claimant's behavior constituted willful misconduct.*fn2 On appeal to this Court, claimant argues that her conduct was justifiable and reasonable under the circumstances, that the Board failed to make a requisite finding that her actions were intentional, and that the findings are not based upon substantial evidence. This Court fails to find merit in any of the propounded theories for reversal.

Our limited scope of review in unemployment compensation cases is restricted to an examination of the record to verify that no error of law has been committed and that all findings of fact are supported by substantial evidence. Schiazza v. Unemployment Compensation Board of Review, 54 Pa. Commonwealth Ct. 110, 420 A.2d 33 (1980). Findings so supported are binding on this Court, even if there is evidence to the contrary in the record. Martin v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 304, 387 A.2d 998 (1978). In this case testimony conflicted on many points, but the Board resolved that discrepancy in favor of the employer, and so noted in its opinion. Questions of credibility and resolution of contradictions are within the purview of the Board, and will not be set aside by this Court. Troyen v. Unemployment Compensation Board of Review, 34 Pa. Commonwealth Ct. 445, 383 A.2d 975 (1978).

[ 70 Pa. Commw. Page 172]

We now turn to an examination of claimant's arguments in this appeal. Claimant's first assertion, that her actions were reasonable, is not persuasive to this Court. We cannot conclude that the claimant's subjective determination that her alleged "rush job" took precedence over her employer's request justifies her refusal to cooperate. In this regard we fully support the Board, which noted in its discussion that "the supervisor's order was reasonable, since a supervisor has a right to request employes to come to his office."*fn3 The content of the "rush job" was not identified for the record and its urgency is vitiated by its relegation to a position of lesser ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.