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KATHY HUBBARD v. COMMONWEALTH PENNSYLVANIA (02/24/83)

decided: February 24, 1983.

KATHY HUBBARD, 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 Kathy Hubbard, No. B-193981.

COUNSEL

Andrew F. Erba, for petitioner.

Charles G. Hasson, Assistant Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Macphail

[ 72 Pa. Commw. Page 286]

Kathy Hubbard (Claimant) appeals here from a decision of the Unemployment Compensation Board of Review (Board) denying her benefits on the basis of willful misconduct.

The Office of Employment Security (Office) in its Notice of Determination denied benefits to the Claimant on the basis that she voluntarily terminated her employment without cause of necessitous and compelling nature.*fn1 Claimant appealed the Office's determination and the referee scheduled a hearing on Claimant's Petition for Appeal. Neither of the parties were present at the hearing; however, based solely on the records before her, the referee affirmed but modified the Office's determination denying benefits on the

[ 72 Pa. Commw. Page 287]

    basis that Claimant's conduct constituted willful misconduct,*fn2 as opposed to denying benefits, as the Office did, on the ground of voluntary termination without cause of necessitous and compelling nature. Claimant filed a further appeal from the referee's determination whereupon the Board ordered a remand hearing. At that hearing, both sides presented testimony. The Board adopted the findings and affirmed the referee's original decision made prior to the remand hearing holding Claimant ineligible for unemployment compensation benefits on the basis of willful misconduct.

The following findings were those adopted by the Board:*fn3

1. Claimant was last employed by Provident Bank on June 23, 1980 as a proof operator earning $3.17 per week.*fn4

2. During the period the Claimant worked in the above employment, she was excessively absent and tardy for which she had received ...


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