Opinion

Cole v. Commonwealth, Unemployment Compensation Board of Review

  • 75 Pa. Commw. 332
  • 462 A.2d 336
  • 1983 Pa. Commw. LEXIS 1750
Court
Commonwealth Court of Pennsylvania
Filed
Jun 30, 1983
Status
Published
Author
Blatt
On the bench
Blatt, Craig, Rogers
Cited by
0 cases
Authority
More cited than 9.1%

The opinion

Opinion by

Judge Blatt,

Ronald Cole (claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which adopted a referee’s decision to deny him benefits on the basis that his failure to report to work when released by his employer’s physician, along with his excessive absenteeism, constituted willful misconduct under Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).

The claimant argues merely that his conduct did not rise to the level of willful misconduct. We have reviewed the record and the findings made below, however, and we believe that the findings were supported by substantial evidence even though conflicting testimony was introduced. Martin v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 304 , 387 A.2d 998 (1978). Simply stated, the factfinder exercised his clear authority to believe the employers’ evidence and not the claimant’s. Id. And, after carefully reviewing the Board’s legal conclusion, we agree that the claimant’s actions constituted a disregard of the standards of behavior which an employer has the right to expect of his employees and is therefore properly determined to be willful misconduct. Melignano v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 180 , 409 A.2d 495 (1979); Geesey v. Unemployment Compensa *334 tion Board of Review, 33 Pa. Commonwealth Ct. 376 , 381 A.2d 1343 (1978).

We will therefore affirm the Board’s order.

Order

And Now, this 30th day of June, 1983, the order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby 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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