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FRAN WILSON v. COMMONWEALTH PENNSYLVANIA (03/10/83)

decided: March 10, 1983.

FRAN WILSON, 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 Fran Wilson, No. B-188785.

COUNSEL

Anthony G. Marsili, Driscoll & Marsili, for petitioner.

John T. Kupchinsky, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 72 Pa. Commw. Page 506]

Before this Court is an appeal by Fran Wilson (Claimant) from a decision and order of the Unemployment Compensation Board of Review reversing a referee's award of unemployment benefits. The Board's denial of benefits was predicated on the finding that Claimant had engaged in disqualifying "willful misconduct" under Section 402(e) of the Unemployment Compensation Law*fn1 (Law). We remand.

Claimant was employed as a check-out clerk for a Thrift Drug Company store (Employer). In its decision to deny her benefits, the Board made the following pertinent findings of fact:

2. On April 25, 1980, two employer security agents were operating in the store where the claimant worked.

3. One of these agents purchased a package of cigars for $1.18 and the claimant properly recorded the sale on the cash register and deposited the money in the cash register.

4. The agent then indicated to the claimant that he was going to look at batteries and left the register area.

5. The agent did not take his package of cigars with him.

6. The agent returned to the register with a second package of cigars priced at $1.18.

7. He placed another $1.18 on the counter and picked up the first package of cigars which he had left there. ...


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