186 Pa. Super. 417 | Pa. Super. Ct. | 1958
Opinion by
The claimant, John II. Smith, was denied unemployment compensation by the bureau, but the referee and the board ruled that he was eligible for compensation. The employer appealed, contending that the claimant was discharged for “willful misconduct connected with his work,” which would disqualify claimant for benefits under the terms of section 402(e) of the Unemployment Compensation Law. 42 PS §802(e).
There is evidence that the claimant had been drinking intoxicating liquor numerous times while working at the appellant’s place of business. This was “willful misconduct connected with his work,” for which the employer could have discharged him. If the claimant was discharged for this reason, he would not be entitled to unemployment compensation. Guede v. Unemployment Compensation Board, 162 Pa. Superior Ct. 479, 58 A. 2d 197 (1948); Bates Unemployment Compensation Case, 171 Pa. Superior Ct. 529, 90 A. 2d 379 (1952).
The question here is whether he was discharged because of his drinking' during working hours, or whether he was discharged because he had become ill and the employer replaced him without giving him sufficient time to recover and return to his employment. There is evidence to support either contention. It is, therefore, a question of fact for the board. Tronieri Unemployment Compensation Case, 164 Pa. Superior Ct. 435, 65 A. 2d 426 (1949). It found for the claimant.
Decision affirmed.