28 Pa. Commw. 613 | Pa. Commw. Ct. | 1977
Opinion by
James Meneely (claimant) was employed by Wander Sales (employer) for a period of four years as a helper on a delivery truck. Wander Sales sold and delivered appliances and as an additional service for its customers would remove and dispose of the old appliances for a $10 fee. Its established procedure for removing the old appliances was contained in a set of Work Rules given to each employee.
The claimant applied for benefits under the Unemployment Compensation Law
The scope of review of this Court in an unemployment compensation ease is limited to questions of law and, absent fraud, a determination of whether or not
Where willful misconduct which would preclude the receipt of benefits under the Unemployment Compensation Law is charged, it is the employer’s burden to prove that such willful misconduct occurred, Unemployment Compensation Board of Review v. Tumolo, 25 Pa. Commonwealth Ct. 264, 360 A.2d 763 (1976), and we have defined willful misconduct on numerous occasions to be the wanton or willful disregard of the employer’s interest, a deliberate violation of rules, a disregard of expected behavior standards, or negligence manifesting culpability, wrongful intent or evil design or showing an intentional and substantial disregard of the employer’s interest or the employee’s duties. Kentucky Fried Chicken of Altoona v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 309 A.2d 165 (1973).
The evidence here establishes that the employer’s rules regarding the removal of old appliances were well known to the claimant. The customer here concerned testified that both the claimant and the driver were present when .she stated that she wanted the old appliance removed and when she paid the money, and, although the rules impose the responsibility upon the driver to see that the prescribed procedure is¡ carried out, there is testimony in -the record that in practice the responsibility was considered a joint one of both the driver and the helper. In an unemployment compensation case, of course, it is. for the Board and not for this Court to resolve questions of credibility and
The order of the Board is affirmed.
Order
A no, Now, this 15th day of February, 1977, the order of the Unemployment Compensation Board of Review denying benefits to the claimant is hereby affirmed.
The employer’s prescribed procedure for removing old appliances was as follows:
(a) Call the employer to approve the appliance pickup if it was not noted on the delivery sheet.
(b) Remove the appliance and place it in the delivery truck.
(c) Collect $10 from the customer and list it on a report form.
(d) Have the customer sign a receipt/release form.
(e) Return the old appliance, the money and the report form to the employer.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §751 et seq.
Section 402(e), 43 P.S. §802(e), 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. . . .