188 Pa. Super. 189 | Pa. Super. Ct. | 1958
Opinion by
This is an appeal by Atlantic Freight Lines, Inc., from the decision of the Unemployment Compensation Board of Review granting benefits to one of its former employes, Edgar L. Gossett. Atlantic contends that claimant was disqualified under section 402 (e) of the Law, 48 PS §802 (e), which provides: “An employe
The findings of the board, which are supported by the evidence, are briefly as follows. The claimant was last employed by Atlantic for a period of approximately eleven months, his last day of work being September 21, 1957. On August 26, 1957, claimant was involved in an accident at Lorain, Ohio, and he was instructed by his employer to have his eyeglasses adjusted. On September 19, 1957, the claimant was again involved in an accident. The second accident occurred in Jeannette, Pennsylvania, when claimant drove out of a side street and attempted to make a left turn; another vehicle, approaching at a high speed, “hooked” the front bumper on claimant’s truck. Following the second accident claimant proceeded to his initial destination in Jeannette, where his truck was loaded with its assigned shipment. After the truck was loaded claimant telephoned the home office of Atlantic, in Uniontown, and was ordered to proceed to make his delivery. Claimant made the delivery in Ohio and picked up a return load. This work required about three days. On the Monday following claimant’s return, he was called by his employer and instructed to proceed to the home office to prepare an accident report, which instructions he followed. The employer then notified claimant that he was discharged because of the accidents and to protect the employer’s insurance fund.
The bureau, the referee, and the board concluded that claimant was eligible for benefits.
Atlantic contends that the claimant was discharged for willful misconduct in disregarding its instructions
Willful misconduct within the meaning of the Law has been described as — “ ‘. . . an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a, disregard of standards of behavior which the employer has the right to expect of Ms employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.’ ” Detterer Unemployment Compensation Case, 168 Pa. Superior Ct. 291, 294, 77 A. 2d 886, 888. Willful misconduct includes not only intentional acts of wrongdoing, but may include a “conscious indifference to the perpetration of a wrong, or a reckless disregard of the employe’s duty to his employer . . .” Ristis Unemployment Compensation Case, 178 Pa. Superior Ct. 400, 401, 116 A. 2d 271.
After the first accident claimant was suspended from his employment for a period of five days and was put back to work on the condition that he have his eyes examined for glasses. Atlantic apparently did nothing further to assure that claimant had obtained the suggested eye examination. Claimant had previously had his eyes examined and obtained new glasses about a year prior to the accidents. He explained that he was unable to have his eyes checked following the first accident because of a lack of funds. It appears that subsequent to the accident and because of legal proceedings arising therefrom, Atlantic deducted from claimant’s pay $50 for an attorney’s fee and $100 for a bond. Claimant had only $50 remaining with Avhich
It is apparent that the first accident was not caused merely by claimant’s alleged defective vision. In fact, the request that claimant obtain an eye examination was made monetarily impossible of immediate compliance by the action of Atlantic, and amounted to an attempt to focus sole responsibility for the accident upon claimant, notwithstanding Atlantic’s demand that he work excessive hours.
Claimant became involved in the second accident approximately three weeks after the first accident. After the second accident claimant attempted to notify Atlantic but was unable to reach a telephone immediately. He proceeded to his initial stop and telephoned Atlantic’s office. He was told by the dispatcher to continue into Ohio, make the delivery, and fill out the required accident reports when he returned. It does not appear to us that the board could conclude otherwise than that claimant had followed the instructions of his superior in delaying preparation of the accident report forms until his return from the trip on the business of his employer. Claimant followed instructions in telephoning his employer and. the insurance company as soon as he found a telephone available.
The decision of the board is affirmed.