176 Pa. Super. 297 | Pa. Super. Ct. | 1954
Opinion by
Claimant was a painter who had worked for his employer for about a month prior to Sunday, December 2, 1951, when he left his work to go hunting. On his return on December 6, the employer refused to take him back. He filed a claim for benefits and was denied compensation by the Bureau and the referee on the ground that he voluntarily left his job without good cause within the meaning of §402(b) of the Unemployment Compensation Law. The Board affirmed, but held claimant ineligible under §402(e) of the Act. On appeal this Court remanded the case to the Board for further hearings. In our opinion, Morgan v. Unemployment Compensation Board, 174 Pa. Superior Ct. 59, 98 A. 2d 405) we indicated that the record did not support a finding of ineligibility under §402 (b), but might be sufficient under §402 (e), except that the referee had improperly excluded certain relevant testimony. The Board has since held a new hearing, at which the previously excluded testimony was heard, vacated the prior findings and substituted new findings, and has again refused benefits under §402(e).
The applicable portion of the law, 43 PS §802(e), provides that an employe shall be ineligible when “his unemployment is due to his discharge . . . from work
Although a single instance of misconduct is usually not such as to bring an employe within the prohibitions of §402 (e), we have previously affirmed an order denying compensation for an incident of much smaller import to an employer. Wilsey Unemployment Compensation Case, 169 Pa. Superior Ct. 368, 82 A. 2d 503. In this case the misconduct was clearly inimical to the employer’s interests and was deliberate and flagrant according to the Board’s findings of fact, which were supported by substantial, competent evidence.
Decision affirmed.