Opinion

Bates Unemployment Compensation Case

  • 171 Pa. Super. 529
  • 90 A.2d 379
  • 1952 Pa. Super. LEXIS 385
Court
Superior Court of Pennsylvania
Filed
Jul 17, 1952
Status
Published
Author
Gunther
On the bench
Rhodes, Hirt, Reno, Dithrich, Ross, Arnold, Gunther
Cited by
9 cases
Authority
More cited than 96.7%

The opinion

Opinion by

Gunther, J.,

Claimant was discharged for “willful misconduct connected with his work” within the meaning of §402(e) of the Unemployment Compensation Law, in that he appeared for work in an intoxicated condition in direct violation of an order of his employer. He has appealed from the denial of benefits.

The Referee and the Board disallowed compensation, the Board making the following finding of fact. “On October 24, 1950, claimant appeared for work under the influence of liquor and was about to be discharged for this reason when it was discovered that he had received an arm injury several hours previously. He was offered, and refused, medical treatment. The following day he was taken to the hospital at Pitts

*531

burgh, but refused to remain for treatment and went to his home in Ohio. He returned to work on December 4, 1950, at which time he was suspended for a period of five days and at the end thereof, discharged because of his having appeared for work in an intoxicated condition on October 24, 1950.”

Claimant was a deck hand in the employ of the Pittsburgh Consolidation Coal Company, river boat division, and was discharged on December 9, 1950, for having appeared for work in an intoxicated condition. The record discloses that on October 24, 1950, he was A.W.O.L. as his boat weighed anchor for a trip up the Allegheny River. Later that night, he and two associates boarded the boat at a point up the river when the boat was passing through Lock 4. At that time, the claimant had been drinking and was noisy and boisterous. Claimant was given a leave of absence because of injuries to his arm and when he returned for work on December 4, 1950, was discharged five days later because of appearing for work in an intoxicated condition. The case is ruled by

Guede v. Unemployment Compensation Board of Review,

162 Pa. Superior Ct. 479 , 58 A. 2d 197 , where Dithricet, J., concluded that a bartender who drank while on duty in direct violation of an order of his employer was guilty of willful misconduct within the meaning of §402(e) of the Unemployment Compensation Law. Appearing for work in an intoxicated condition is conduct sufficiently inimical to the employer’s interest as to constitute willful misconduct. The findings of the Board, supported as they are by competent and credible evidence, are conclusive on appeal to this Court.

Hall v. Unemployment Compensation Board of Review,

160 Pa. Superior Ct. 65 , 49 A. 2d 872 .

Decision affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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