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WILLIAM T. APPLE v. COMMONWEALTH PENNSYLVANIA (05/18/89)

decided: May 18, 1989.

WILLIAM T. APPLE, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW, UNEMPLOYMENT COMPENSATION.

COUNSEL

Terry L. Fromson, Community Legal Services, Inc., Philadelphia, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, James K. Bradley, Asst. Counsel, Harrisburg, for respondent.

Crumlish, Jr., President Judge, Colins, J., and Narick, Senior Judge.

Author: Narick

[ 126 Pa. Commw. Page 196]

In this unemployment compensation case, William T. Apple (Claimant) was discharged from his position as a security supervisor with the Pennsylvania Hospital (Employer) after he reported the loss or theft of his departmental operational beeper. His Employer contested his application for benefits, alleging that Claimant was guilty of willful misconduct because the beeper was the third piece of equipment Claimant had lost. The Office of Employment Security (OES) denied benefits on the basis of Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as Page 197} amended, 43 P.S. ยง 802(e). Following a hearing, a referee reversed. On Employer's appeal, the Unemployment Compensation Board of Review (Board) reversed the referee's decision. Claimant has petitioned for our review of that order.

The Board entered the following findings of fact:

1. Claimant was last employed as a security lieutenant by Pennsylvania Hospital for approximately twelve years at a final rate of $508.00 per week and his last day of work was July 13, 1988.

2. From 1982 to the present, claimant had been suspended twice, and given several written warnings for losing two pieces of valuable and important security equipment.

3. On or about July 13, 1988, claimant left his departmental beeper on a desk in an office.

4. Claimant remembered this after an hour, and when he returned to the office, the beeper was gone.

5. Claimant was responsible for the beeper during the time in which he had ...


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