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RONALD TAYLOR v. COMMONWEALTH PENNSYLVANIA (08/29/84)

decided: August 29, 1984.

RONALD TAYLOR, 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 Ronald Taylor, No. B-216723.

COUNSEL

Terry L. Fromson, with him, Fernando Chang-Muy, for petitioner.

Charles G. Hasson, Acting Deputy Chief Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Doyle, Colins and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 84 Pa. Commw. Page 633]

Ronald Taylor (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) which affirmed a decision of a referee denying him benefits on the basis of willful misconduct.*fn1 For the following reasons, we reverse and remand.

The referee made the following pertinent findings of fact which were adopted by the Board:

1. Claimant was last employed by Jefferson University Hospital [Employer] as a custodial worker from March 17, 1981 until October 12, 1982.

[ 84 Pa. Commw. Page 6342]

. During the course of his employment, claimant was warned concerning excessive absences.

3. Claimant was advised by the director of the need to call in prior to the start of the work shift (beginning 6 A.M.) when notifying foreman of intended absence.

4. The need for notification prior to start of work shift was again stressed by the director to the claimant on March 29, 1982.

7. Claimant called in after the start of the work shift (6:05 A.M.) on October 11, 1982 and advised foreman ...


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