507 A.2d 913 | Pa. Commw. Ct. | 1986
Opinion by
This is an appeal by Maria Auddino, claimant, of an order of the Unemployment Compensation Board of Review (Board) affirming the referees decision to deny her benefits 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).
Claimant was employed as a clerk for the General Accident Insurance Company (employer) for approximately three years. She was responsible for processing checks issued to employer as payment of premiums but which had been returned by the bank to employer due to insufficient funds. The record shows that claimant was experiencing a “backlog” of nonsufficient funds checks and in February of 1984 was provided assistance by her superiors in processing insufficient funds checks which had accumulated throughout 1983. In March of 1984, while claimant was on vacation, a company employee assisting claimant reported finding a batch of unprocessed checks which had been returned to employer in 1982. These checks were bundled and notes in claimants handwriting were attached. The referee made specific findings that these checks were found in claimants desk and as a result employer was subject to claims by policyholders who were improperly covered. The referee did not malee a finding as to the exact amount of damages employer suffered. He concluded that claimants failure to bring the true backlog to the employers attention rose to the level of willful misconduct under Section 402(e).
Our scope of review where the party with the burden of proof prevails is limited to whether an error of law has been committed and whether there is substantial evidence in the record to support the necessary findings of feet. H & A Sales Company v. Unemployment Compensation Board of Review, 63 Pa. Commonwealth Ct. 304, 437 A.2d 1297 (1981).
Since the referees ruling was based on his finding that claimant failed to inform the employer of the full extent of unprocessed checks, claimants argument that she was not guilty of willful misconduct because she could not perform her currently assigned responsibilities along with her new duties will not be addressed. This bears no relationship to the referees decision. Thus, the only question for review is whether the referees finding that claimant placed the 1982 checks in her drawer was improperly based upon hearsay evidence only. We reverse.
Section 402(e) of the Unemployment Compensation Law provides that an employee shall be ineligible for unemployment compensation for any week in which his termination is due to willful misconduct. Willful misconduct has been defined as the wanton and willful dis
Now, April 11, 1986, the order of the Unemployment Compensation Board of Review at No. B-231839 dated June 20, 1984, is reversed.