81 Pa. Commw. 51 | Pa. Commw. Ct. | 1984
Opinion by
Louis J. Grispino (claimant) petitions for review of the Order of the Unemployment Compensation Board of Review (Board) affirming the decision and order of a referee denying benefits pursuant to 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) (discharge for willful misconduct connected to work).
The facts in this case are undisputed. The claimant was last employed as an assistant chemist by Du
Where, as here, the party with the harden of proof prevailed below, our scope of review is limited to determining whether the findings of fact are supported by substantial evidence and whether an error of law was committed. Dulgerian v. Unemployment Compensation Board of Review, 64 Pa. Commonwealth Ct. 342, 439 A.2d 1342 (1982). The only question raised by the claimant is whether the conduct for which he was discharged rises to the level of willful misconduct.
This Court has consistently held that leaving work early without the employer’s permission constitutes willful misconduct unless motivated by good cause
The claimant’s only attempt at justification for failing to give the required notice of early leaving was his concern over the impending termination of electrical service to his home which, he testified, overrode his knowledge of his duty to notify his supervisor before leaving. In Dulgeria.n, we held that an employee’s anxiety due to being informed by her dermatologist that she might have skin cancer was insufficient justification for not reporting back to work and failing .to notify the employer that she would not return that day. Accordingly, we conclude in the instant case that the claimant’s attempt to justify his failure to notify a supervisor prior to leaving work on July 7, 1981 was also insufficient.
Therefore, we must conclude that the claimant was discharged for willful misconduct connected to his work, and consequently, we must affirm the order of the Board.
Order
And Now, this 14th day of March, 1984, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.
See. Simmons v. Unemployment Compensation Board of Review, 59 Pa. Commonwealth Ct. 174, 429 A.2d 121 (1981) and Dolan v. Unemployment Compensation Board of Review, 33 Pa. Commonwealth Ct. 316, 381 A.2d 1323 (1978).
See, Astro Warehousing, Inc. v. Unemployment Compensation Board of Review, 75 Pa. Commonwealth Ct. 126, 461 A.2d 340 (1983).