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JOHN E. WERTMAN v. COMMONWEALTH PENNSYLVANIA (01/29/87)

decided: January 29, 1987.

JOHN E. WERTMAN, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENTS



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of John E. Wertman, Jr., No. B-242539.

COUNSEL

Lenore M. Urbano, for petitioner.

Warren R. Baldys, for intervenor, Axeman-Anderson.

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

Author: Macphail

[ 103 Pa. Commw. Page 377]

John E. Wertman, Jr. (Petitioner) appeals from a decision of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision denying benefits. We affirm.

The Board's findings of fact, which are supported by substantial evidence, are as follows:

1. The claimant was last employed by Axeman & Anderson as an assemblyman and welder for nine and one half years at $9.50 per hour and his last day of work was March 2, 1984.

2. The claimant pled guilty and was convicted of recklessly endangering other persons and aggravated assault.

3. The claimant is a Vietnam veteran, and allegedly suffers from Post Traumatic Stress Disorder.

4. Claimant contends that his psychiatric disorder was responsible for his criminal acts.

5. On March 6, 1984, the claimant was sentenced to eleven and one half to twenty-three months in the Lycoming County Prison.

6. As part of the terms of the claimant's sentence, the Court required that the defendant

[ 103 Pa. Commw. Page 378]

    serve at least one month in prison before he would be eligible for work ...


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