Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Ronald Seyler, No. B-212718.
Daniel L. Haller, for petitioner.
Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.
[ 85 Pa. Commw. Page 392]
Ronald Seyler appeals an order of the Unemployment Compensation Board of Review upholding a referee's decision that Seyler's two negligent accidents
[ 85 Pa. Commw. Page 393]
with his employer's van within six months of his employment with Muzak of Pittsburgh constituted willful misconduct under section 402(e) of the Unemployment Compensation Law,*fn1 43 P.S. § 802(e), thereby disqualifying him for benefits.
In related arguments, Seyler contends that Muzak did not carry its burden of proving willful misconduct, Blount v. Unemployment Compensation Board of Review, 77 Pa. Commonwealth Ct. 627, 466 A.2d 771 (1983), and that the referee's findings of negligence are inconsistent and not supported by substantial evidence.*fn2 We note that the referee did not make specific findings that either accident was actually caused by Seyler's negligence. The pertinent findings are:
2. The claimant had had a chargeable accident on January 13, 1982 whereby damage was sustained to his vehicle in the amount of $1,662.00. The accident was due to bad weather conditions and no other persons or vehicles were involved.
3. At that time, the claimant was given verbal warnings concerning the accident sustained on January 13, 1982 by the general manager and the service supervisor.
5. On June 2, 1982 the claimant had entered the entrance ramp to a highway.
6. While the claimant was coming down the entrance ramp, he did note that there was a pick-up truck ahead of him and he could not determine whether ...