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LOUIS W. P. JENKINS v. COMMONWEALTH PENNSYLVANIA (11/14/83)

decided: November 14, 1983.

LOUIS W. P. JENKINS, 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 Louis W. P. Jenkins, No. B-211362.

COUNSEL

Harold I. Goodman, of counsel, Claudia D. Spadaro, for petitioner.

Charles Donahue, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Rogers

[ 78 Pa. Commw. Page 332]

The claimant in this unemployment compensation case appeals from an order of the Unemployment Compensation Board of Review declaring him ineligible on the ground that he was discharged from

[ 78 Pa. Commw. Page 333]

    work for willful misconduct. Section 402(e) of the Unemployment Compensation Law, 43 P.S. ยง 802(e).

The claimant was last employed as a bus driver for Greyhound Lines, Inc. He was discharged on April 17, 1982 and submitted an application for unemployment compensation on May 2, 1982. On May 25, 1982, the Office of Employment Security issued a determination finding the claimant ineligible for benefits because he was discharged for willful misconduct. The claimant appealed and after a hearing conducted by telephone the referee affirmed the denial of benefits. Th Unemployment Compensation Board of Review affirmed.

The incident of misconduct alleged by the employer and found by the Unemployment Compensation Board of Review to have been proved by substantial competent evidence is described in the Board's finding number nine:

9. The claimant was terminated for refusal to follow a direct order.

Among the issues raised by the claimant is that of whether this finding is supported by substantial evidence of record. We agree that it is not.

At the hearing conducted by the referee the employer's district manager testified over the telephone as to the events ...


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