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PAT BUSCEMI v. COMMONWEALTH PENNSYLVANIA (01/11/85)

decided: January 11, 1985.

PAT BUSCEMI, 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 Pat Buscemi, No. B-208158.

COUNSEL

Michelle R. Terry, for petitioner.

Karin S. Simpson, Associate Counsel, with her, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

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

Author: Doyle

[ 87 Pa. Commw. Page 61]

Pat Buscemi (Claimant) appeals from a denial of benefits by the Unemployment Compensation Board of Review (Board), on the basis of Section 402(e) of the Unemployment Compensation Law*fn1 (willful misconduct).

Claimant was employed as a production worker for the Combination Pump Valve Company from March 3, 1981 to March 19, 1982. From March 11th to 19th, 1982, Claimant was absent from work due to illness.*fn2 On the 19th he received a telegram from his employer

[ 87 Pa. Commw. Page 62]

    notifying him that he had been discharged for failure to report to work without proper notification.

The burden falls on an employer to prove that an employee has been discharged for willful misconduct. Bignell v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 568, 434 A.2d 869 (1981). Since the employer in this case prevailed before the Board, this Court's scope of review is limited to questions of law and to a determination of whether the findings of fact of the referee or the Board are supported by substantial evidence. Brant v. Unemployment Compensation Board of Review, 83 Pa. Commonwealth Ct. 373, 477 A.2d 596 (1984).

Claimant specifically challenges the following two findings of fact made by the referee:

3. The claimant was absent from March 11, 1982 to March 19, 1982 with no contact with the employer on March ...


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