Opinion

Schwab v. Commonwealth, Unemployment Compensation Board of Review

  • 58 Pa. Commw. 387
  • 427 A.2d 789
  • 1981 Pa. Commw. LEXIS 1335
Court
Commonwealth Court of Pennsylvania
Filed
Apr 9, 1981
Status
Published
Author
Blatt
On the bench
Blatt, Mencer, Rogers
Cited by
3 cases
Authority
More cited than 9.1%

The opinion

Dissenting Opinion by

Judge Blatt:

I regret that I must dissent.

The evidence in the record supports the Board’s finding that the claimant was aware of the employer’s rules as to parking violations and, as a part of his job, was or should have been aware of the location of the fire lane and fire hydrant involved in the fourth violation which resulted in his dismissal. I believe that such conduct rises to the level of willful misconduct, and that an employee who attempts to justify such misconduct by a showing of good cause bears the burden of proving such good cause, Lake v. Unemployment Compensation Board of Review, 48 Pa. Common *392 wealth. Ct. 138, 409 A.2d 126 (1979), yet here the Board specifically found that the claimant’s health condition was “insufficient to justify that conduct.”

I agree with the determination made by the Board and, therefore, would conclude that the claimant has not met his burden of proving good cause.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.