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SUE HERNDON v. COMMONWEALTH PENNSYLVANIA (04/25/88)

decided: April 25, 1988.

SUE HERNDON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review, in the case of Sue Herndon, No. B-258176.

COUNSEL

Thomas F. Putinsky, for appellant.

Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Smith.

Author: Smith

[ 115 Pa. Commw. Page 420]

Petitioner Sue Herndon (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of the referee denying benefits pursuant to Section 402(e) of the Pennsylvania Unemployment Compensation Law (Law).*fn1 We

[ 115 Pa. Commw. Page 421]

    reverse the decision of the Board for the reasons set forth below.

Claimant raises four issues in her appeal, to wit:

1. Whether the findings of fact as found by the Board are supported by substantial evidence;

2. Whether Claimant's actions were done with the necessary intent or consciousness of wrong-doing (sic) necessary to support a conclusion of willful misconduct;

3. Whether Claimant's errors in connection with her job were due to her mere incompetence, inexperience or inability and therefore do ...


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