38 Pa. Commw. 457 | Pa. Commw. Ct. | 1978
Opinion by
Jeno Beres has appealed from an order of the Unemployment Compensation Board of Appeals affirming a referee’s decision denying him benefits and declaring a “fault overpayment” of $2227.00.
Beres was discharged from employment as a bartender at The General Washington, Audubon, Pennsylvania on August 6,1976. On August 16,1976 Beres applied to reopen an unemployment compensation claim under which he had previously received benefits. He wrote on the application that he had been laid off because of a reduction in work shifts. Beres thereafter received a total of $2227.00 in benefits during the period from August 21, 1976 to January 29, 1977. The Bureau of Employment Security discontinued benefits when it received information that Beres had not been laid off but had been discharged for drinking while on duty. Beres appealed this decision to a referee who held a hearing and determined
Beres first says that there was no substantial evidence that he was discharged for willful misconduct. Willful misconduct has been described as follows:
As a general principle in order to deny unemployment compensation benefits to an employee, his or her action must involve a wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, [or] a disregard of standards of behavior which the employer has the right to expect of his employees. . . . (Emphasis added.)
Loder v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 484, 488, 296 A.2d 297, 299-300 (1972).
Beres admits that he knew of his employer’s rule against drinking on duty but says that he was not drinking. Two witnesses for the employer, Beres’ supervisor and a fellow employee, testified at the referee’s hearing that Beres had been drinking and was in an intoxicated condition at the time he was discharged. It is true that this testimony was contradicted by Beres; it remains, however, substantial evidence supporting the referee’s finding.
The order of the Board is affirmed.
Order
And Now, this 13th day of November, 1978, the order of the Unemployment Compensation Board of Review dated September 13, 1977 is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
Id., 43 P.S. §874(a).
[T]he legal consequence of a ‘fault overpayment’ under ' Section 804(a) ... , as opposed to a ‘nonfault overpayment’ under Section 804(b), is tbe method of recoupment available to the Bureau. Under Section 804(a) the Bureau can recoup ‘fault overpayments’ either directly from the claimant or by deducting them from any future compensation payable to him. Under Section 804(b), however, liability for ‘nonfault overpayments’ is limited to deductions from future benefits. (Citations omitted.)
Stormer v. Unemployment Compensation Board of Review. 32 Pa. Commonwealth Ct. 220, 224-25, 378 A.2d 1037, 1039-40 (1977).