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TANA M. GONSALVES v. COMMONWEALTH PENNSYLVANIA (01/24/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: January 24, 1983.

TANA M. GONSALVES, 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 Tana M. Gonsalves, No. B-185870-B.

COUNSEL

Mark David Frankel, Frankel & Gates, for petitioner.

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

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

Author: Blatt

[ 71 Pa. Commw. Page 353]

Tana M. Gonsalves (claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which denied her benefits because of her discharge for willful misconduct.*fn1 Specifically, the Board concluded that the claimant had been discharged by her employer for insubordination.*fn2

An employer bears the burden of establishing an employee's willful misconduct. Zuraw v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 548, 434 A.2d 1312 (1981). And where, as here, the party with this burden has prevailed below, our scope of review is limited to a determination of whether or not necessary findings of fact were unsupported by substantial evidence or an error of law was committed. Id.

Before us, the claimant argues that her conduct did not constitute willful misconduct and should be ignored for purposes of determining her eligibility for benefits because her employer harassed her. Our careful review of the record reveals substantial evidence

[ 71 Pa. Commw. Page 354]

    which would support the Board's findings that the claimant was insubordinate, which as we have recognized, clearly constitutes willful misconduct. Nesmith v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 579, 402 A.2d 1132 (1979).

Concerning the claimant's contention that she had good cause for her actions because her employer had allegedly harassed her, we believe that the Board did not capriciously disregard*fn3 competent evidence in the record in finding that she was in fact not harassed by her employer. And it is for the Board, not this Court, to determine questions of credibility and to resolve conflicts in the evidence. Stalc v. Unemployment Compensation Board of Review, 13 Pa. Commonwealth Ct. 131, 318 A.2d 398 (1974).

We will, therefore, affirm the Board's order.

Order

And Now, this 24th day of January, 1983, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.

Disposition

Affirmed.


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