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BEACON WAREHOUSE v. COMMONWEALTH PENNSYLVANIA (04/08/83)

decided: April 8, 1983.

BEACON WAREHOUSE, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Kim C. Ventrone, No. B-188855.

COUNSEL

Charles M. Means, Markel, Schafer & Means, for petitioner.

James Norris, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Doyle

[ 73 Pa. Commw. Page 331]

This is an appeal by Beacon Warehouse, Inc. from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision awarding benefits to Kim C. Vetrone (Claimant).

Claimant was employed as a warehouseman/truck driver by Beacon Warehouse, Inc. (Beacon). On June 6, 1980, the Claimant was discharged for allegedly carrying an unauthorized passenger in his truck. The Office of Employment Security determined that Claimant was not ineligible for compensation benefits under Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e). After a hearing, a referee affirmed the determination of eligibility

[ 73 Pa. Commw. Page 332]

    and on appeal to the Board was upheld. This appeal followed.

The referee's findings of fact read in full:

1. Claimant was last employed by Beacon Warehouse, Inc., as a Warehouse/Driver at $9.70 per hour, and his last day of work was June 5, 1980.

2. On June 5, 1980, claimant was working the 4:30 p.m. shift and making several runs between New Kensington and Pittsburgh.

3. On June 6, 1980, claimant was discharged because the employer was informed by an investigating agency that claimant was riding a passenger in the ...


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