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JOY SILL-HOPKINS v. COMMONWEALTH PENNSYLVANIA (09/08/89)

decided: September 8, 1989.

JOY SILL-HOPKINS, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION).

COUNSEL

Peter C. Gardner, Bernstein, Bernstein & Harrison, Philadelphia, for petitioner.

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

Doyle and McGinley, JJ., and Barbieri, Senior Judge.

Author: Barbieri

[ 128 Pa. Commw. Page 508]

Joy Sill-Hopkins (Claimant) petitions for review of the order of the Unemployment Compensation Board of Review (Board) which denied her unemployment compensation benefits pursuant to Section 402(e) of the Pennsylvania Unemployment Compensation Law*fn1 (Law). Issues presented for

[ 128 Pa. Commw. Page 509]

    review are whether this matter should be remanded for further factfinding; whether the Board erred as a matter of law in finding that Claimant's actions constituted willful misconduct; and whether the Board's finding of willful misconduct is supported by substantial evidence. The Board's decision is affirmed.

Claimant commenced employment with Penn Mutual Life Insurance Co. (Employer) on December 1, 1987 as a regional sales executive whose responsibilities entailed selling securities in West Virginia, Pennsylvania, Maryland, Delaware, the District of Columbia and Virginia. On April 29, 1988, Employer discharged Claimant for failing to disclose, at the time of hire or prior thereto, disciplinary measures taken against her by the New York Stock Exchange for security-related improprieties*fn2 and for failing to properly complete, after hire, a securities industry U-4 application which was required for purposes of registering Claimant with the National Association of Securities Dealers.

Claimant thereafter applied for unemployment compensation benefits with the Office of Employment Security (OES), which determined Claimant to be ineligible for benefits under Section 402(e) of the Law. On appeal by Claimant, the referee reversed OES's determination on the basis that Employer failed to sustain its burden of proving willful misconduct, whereupon Employer appealed to the Board.

Subsequent to a remand hearing to take additional testimony, the Board found that Claimant failed to disclose her disciplinary history at the time of hire and, after hire, provided false information on her U-4 application. The Board concluded that Claimant's conduct manifested a disregard of the standards of behavior which Employer had a

[ 128 Pa. Commw. Page 510]

    right to expect. The Board thus reversed the referee's decision and Claimant ...


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