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STEVEN J. HUYETT v. COMMONWEALTH PENNSYLVANIA (07/02/84)

decided: July 2, 1984.

STEVEN J. HUYETT, 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 Steven J. Huyett, No. B-206787.

COUNSEL

Richard L. Raymond, Schroder, Jenkins & Raymond, for petitioner.

Michael D. Alsher, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Williams, Jr., MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Doyle. Judge Williams concurs in the result only. Dissenting Opinion by Judge MacPhail.

Author: Doyle

[ 83 Pa. Commw. Page 448]

Petitioner, Steven Huyett, appeals from an order of the Unemployment Compensation Board of Review which reversed the referee's decision and denied Petitioner unemployment compensation benefits pursuant to Section 402(e) of the Pennsylvania Unemployment Compensation Law*fn1 (willful misconduct).

Petitioner was employed from December 18, 1981 to February 27, 1982 as a guard for Burns International Security Services, Inc. (Employer). Upon applying for this position, Petitioner submitted an employment application in which he answered "no"

[ 83 Pa. Commw. Page 449]

    to the question: "Have you ever been arrested, summoned, or arraigned in a court (other than for a traffic misdemeanor)?" After Petitioner was hired, Employer contacted the Pennsylvania State Police, who submitted a report indicating that on September 2, 1980 Petitioner had been arrested for aggravated assault and recklessly endangering another person, although these charges had been later withdrawn. On February 22, 1982, Petitioner was discharged for falsifying his application papers.

Petitioner was denied unemployment compensation benefits by the Office of Employment Security (OES), who determined that his termination was the result of his willful misconduct. The referee reversed the determination of the OES, and granted Petitioner benefits on April 9, 1982. Employer appealed, and on June 11, 1982, the Board reversed the decision of the Referee and again denied benefits. Petitioner appeals to our Court from this decision denying benefits.

Our scope of review in an unemployment compensation case where the party with the burden of proof has prevailed before the Board is limited to a determination of whether an error of law was committed or findings of fact are not supported by substantial evidence. Dunkleberger v. Unemployment Compensation Board of Review, 78 Pa. Commonwealth Ct. 384, 467 A.2d 653 (1983). We have held that supplying false information on an employment application constitutes willful misconduct justifying the denial of benefits, where it can be shown that the falsification was deliberate, and the information falsified was material to the qualifications of the employee for the job. Johnson v. Unemployment Compensation Board of Review, 58 Pa. Commonwealth Ct. 147, 427 A.2d 724 (1981).

Petitioner's sole argument on appeal is that he did not deliberately falsify his ...


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