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RAY ULYSSES v. COMMONWEALTH PENNSYLVANIA (04/21/87)

decided: April 21, 1987.

RAY ULYSSES, 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 Ray Ulysses, No. B-228757.

COUNSEL

Kim Eaton, for petitioner.

James K. Bradley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

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

Author: Colins

[ 105 Pa. Commw. Page 341]

Ray Ulysses (claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision finding him ineligible

[ 105 Pa. Commw. Page 342]

    for unemployment compensation on account of willful misconduct.*fn1

Claimant had been employed for twenty years by Ryan & Christie Storage Company (employer) as a packer and occasional driver, when he was discharged on November 28, 1983 for his involvement in an accident which resulted in $4800 worth of damage to the employer's truck. The collective bargaining agreement governing claimant's employment provided for the immediate discharge of an employee without a prior reprimand "if the cause of such discharge . . . is: (1) [a] major chargeable accident; and (2) [the] careless operating of equipment. . . ."

Claimant's application for unemployment compensation was denied by the Office of Employment Security. On appeal to the referee, the referee made the following findings of fact pertaining to the accident in question:

3. On November 23, 1983, the claimant was assigned a company truck with a height of 10' 4" to move storage from a customer's old residence to her new residence.

4. While in the process of making this delivery the claimant drove the company vehicle through an underpass 10' 2" causing an accident and damage of $4800.

5. As a result, on November 25, 1983, the claimant was notified that he was discharged effective November 28, 1983 because [of] his being involved in a major chargeable accident and his careless ...


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