Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

DENNIS N. CARLSON v. COMMONWEALTH PENNSYLVANIA (04/08/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: April 8, 1983.

DENNIS N. CARLSON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. CALN TOWNSHIP, INTERVENOR

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Dennis N. Carlson, No. B-197805.

COUNSEL

W. Richard Gentry, for petitioner.

No appearance for respondent.

John E. Good Associates, Township Solicitor, for intervenor.

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

Author: Crumlish

[ 73 Pa. Commw. Page 353]

The Unemployment Compensation Board of Review affirmed a referee's denial of benefits to Dennis N. Carlson (Carlson). We affirm.

Carlson was fired from his position as Caln Township's manager.*fn1 The township commissioners alleged that Carlson had committed various acts of willful misconduct*fn2 which amounted to insubordination. Carlson applied for benefits after his dismissal.

[ 73 Pa. Commw. Page 354]

Where the burdened party*fn3 prevailed below, our scope of review is limited to legal questions and a determination of whether the Board's findings are supported by substantial evidence. Maxwell v. Unemployment Page 354} Compensation Board of Review, 54 Pa. Commonwealth Ct. 604, 605, 423 A.2d 430, 431 (1980).

Willful misconduct, we have said, is an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of the behavioral standards which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer's interests or of the employee's duties and obligations to the employer. Sisak v. Unemployment Compensation Board of Review, 54 Pa. Commonwealth Ct. 366, 367 n. 1, 421 A.2d 512 n. 1 (1980).

The referee found, and the Board affirmed, that Carlson's actions constituted willful misconduct under Section 402(e).*fn4 Carlson, while admitting the acts, contended that they were meaningless usual management disagreements. The witnesses' credibility and the weight to be accorded to their testimony is for the unemployment compensation authorities to determine. Caterina v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 19, 401 A.2d 852 (1979). The Board agreed with the referee's findings that Carlson's conduct was similar to the type in Sisak and constituted willful misconduct. There is substantial evidence in the record to support this conclusion.

Affirmed.

[ 73 Pa. Commw. Page 355]

Order

The Unemployment Compensation Board of Review decision, No. B-197805 dated July 30, 1981, is hereby affirmed.

Disposition

Affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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