71 Pa. Commw. 417 | Pa. Commw. Ct. | 1983
Opinion by
Garth Devlin (Claimant) appeals here from a decision of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s decision denying him benefits and held that Claimant’s intentional refusal to follow his Employer’s
The sole issue raised in this appeal is whether the Board erred in its determination that the Employer met its burden of proving willful misconduct
“Although the burden of proving willful misconduct in an unemployment compensation case is upon the employer, a finding of willful misconduct may properly be made when the finding is supported solely by the Claimant’s testimony.” Fritzo v. Unemployment Compensation Board of Review, 59 Pa. Commonwealth Ct. 268, 274, 429 A.2d 1215, 1219 (1981); Rodgers v. Unemployment Compensation Board of
It is well settled that a deliberate refusal to comply with an employer’s rule ordinarily constitutes willful misconduct. Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 309 A.2d 165 (1972). A violation of an employer’s rule, however, is not willful misconduct if the evidence shows that the Claimant’s action was justifiable and reasonable in light of all circumstances involved, and thus was taken with good cause. Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 351 A.2d 631 (1976). After reviewing the record, we are satisfied that the Claimant failed to show good cause
Order
It is ordered that the Order of the Unemployment Compensation Board of Beview, numbered B-199799 and dated September 28, 1981, is hereby affirmed.
Jaflo Tree Service.
Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43P.S: §802(e).
American Process Lettering, Inc. v. Unemployment Compensation Board of Review, 50 Pa. Commonwealth Ct. 272, 412 A.2d 1123 (1980).
Claimant contends Ms method of felling trees is safer than the Employer’s method.
Patrick v. Unemployment Compensation Board of Review, 41 Pa. Commonwealth Ct. 238, 398 A.2d 1095 (1979).