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DRS. WILLIAM & JAMES KATSUR & ASSOCIATES v. COMMONWEALTH PENNSYLVANIA (05/19/86)

decided: May 19, 1986.

DRS. WILLIAM & JAMES KATSUR & ASSOCIATES, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review, in case of Michael Gigliotti, DDS, No. B-230553.

COUNSEL

Edward J. Van Allen, Kirkpatrick & Lockhart, for petitioners.

Jonathan Zorach, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 97 Pa. Commw. Page 333]

Drs. Katsur & Associates (Katsur) appeals an Unemployment Compensation Board of Review order upholding a referee's decision granting benefits to Michael

[ 97 Pa. Commw. Page 334]

C. Gigliotti. The referee concluded that Gigliotti's actions did not constitute willful misconduct under Section 402(e) of the Unemployment Compensation Law.*fn1 We vacate and remand.

Gigliotti, a dentist, was discharged for sexually harassing female assistants. The referee concluded that Gigliotti's conduct did not amount to sexual harassment, and that Katsur therefore had not met its burden of proving willful misconduct. The referee also concluded that the assistants' testimony was hearsay and not competent to support a finding.*fn2

Where the employer, who has the burden of proving willful misconduct, does not prevail below, our scope of review is limited to determining whether the Board's findings are consistent with each other and with the conclusions of law and whether they can be sustained without a capricious disregard of competent evidence. Defense Activities Federal Credit Union v. Unemployment Compensation Board of Review, 83 Pa. Commonwealth Ct. 476, 478 A.2d 493 (1984).

Katsur contends that the referee erred by disregarding the testimony of the four assistants. We agree.

The assistants testified by reading from their handwritten personal ...


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