67 Pa. Commw. 537 | Pa. Commw. Ct. | 1982
Opinion by
This case is now before this Court for the second time, having been set for reargument previously
The crux of this case hinges on whether the Claimant’s actions on June 13,1980, the day before she was fired, amounted to willful misconduct so as to make her ineligible for benefits under Section 402(e) of the Unemployment Compensation Law (Law).
In this case, the Board determined that Claimant was guilty of willful misconduct for violation of the Employer’s
If supported by substantial evidence, we would certainly agree that such findings would support a determination of willful misconduct. Our reading of the entire record, however, even after giving the Employer the benefit of all reasonable inferences deducible from the record favorable to the Employer, leads us to conclude that a reasonable person could not conclude that Claimant knew of the impending visit and yet allowed such visit to take place. On the contrary, we believe the record shows conclusively that Claimant’s daughter came to see Claimant at work without prior notice to Claimant in order to obtain Claimant’s medical insurance card for the purchase of needed medicine. Obviously, the Claimant
Since the basis for the Board’s determination of willful misconduct is unsupported by the record, we shall reverse and remand for the computation of benefits.
Order
The order of the Unemployment Compensation Board of Review, Decision No. B-188751, dated January 9, 1981, is hereby reversed and the record is remanded to the Board for the computation of benefits.
Harris v. Unemployment Compensation Board of Review, Pa. Commonwealth Ct. , 444 A.2d 807 (1982).
Act of December 5, 1936, Second Ex. Sess., P.D. (1937) 2897, as amended, 43 P.S. §802(e).
Thomas Jefferson University.