29 Pa. Commw. 581 | Pa. Commw. Ct. | 1977
Opinion by
This is an appeal by James Barnett (claimant) from an order of the Unemployment Compensation Board of Review (Board) which ruled him ineligible for unemployment compensation benefits. He had been employed as a dock master by the Port Allegheny Marina (employer) and was scheduled to be on vacation from December 24, 1975 until January 8, 1976. On December 24, 1975, he left work three hours early, and he was notified .that he had been discharged on January 7, 1976. When he applied for unemployment compensation benefits, the Bureau of Employment Security (Bureau) denied his claim, but,
In an unemployment compensation case, our scope of review is limited to a determination as to whether or not the findings of the Board are supported , by substantial evidence and to questions of law, including the question of whether or not an employe’s actions constitute willful misconduct. Sturniolo v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 475, 338 A.2d 794 (1975). The narrow issue presented here is whether or not the act of the claimant, in leaving work early without the prior permission of his employer, constituted willful misconduct.
We have previously held that a claimant discharged for leaving work early without advising his employer and without a good excuse may be found guilty of willful misconduct. Lynch v. Unemployment Compensation Board of Review, 25 Pa. Commonwealth Ct. 210, 359 A.2d 834 (1976); Blystone v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 180, 342 A.2d 772 (1975). The findings of the Board here, which are supported by substantial evidence and therefore binding on this Court, are that
The order of the Board is affirmed.
Order
And Now, this 15th day of April, 1977, the order of the Unemployment Compensation Board of Review denying benefits to James D. Barnett is. hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P.S. §802(e), which provides in pertinent part:
An employe shall be ineligible for compensation for any week—
(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work....