87 Pa. Commw. 260 | Pa. Commw. Ct. | 1985
Opinion by
Helena Wysocki (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) reversing a decision of the referee and declaring Claimant ineligible for unemployment compensation on the grounds that her discharge from employment at Sacred Heart Hospital (Hospital) in Chester, Pennsylvania, was a result of her willful misconduct within the meaning of Section 402(e) of the Unemployment Compensation Law (Law).
The Board determined that the evidence presented, albeit circumstantial, did support its conclusion that Claimant’s discharge was a result of her willful misconduct.
The employer, of course, bears the burden of proving willful misconduct in an unemployment compensation case. Gane v. Unemployment Compensation Board of Review, 41 Pa. Commonwealth Ct. 292, 398 A.2d 1110 (1979). And, when the party bearing the burden of proof prevails before the Board, our scope of review is limited to a determination of whether the Board’s findings of fact are supported by substantial evidence and whether the Board committed an error of law. Milne v. Unemployment Compensation Board of
In this appeal, Claimant contends that there is not substantial evidence to support the Board’s finding that she attempted to steal Hospital property. Claimant argues that there is no evidence: (1) that Claimant had steaks in her possession when she left the kitchen; (2) that Claimant then went to her locker; or (3) that Claimant placed the steaks in her locker with the intent to steal them.
This Court has held that circumstantial evidence, if substantial, is sufficient to support a finding of willful misconduct. Heffelfinger v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 280, 431 A. 2d 380 (1981). And evidence is substantial where it so preponderates in favor of a conclusion that it outweighs, in the mind of the fact finder, any inconsistent evidence and reasonable inferences drawn therefrom. Resnick v. Unemployment Compensation Board of Review, 58 Pa. Commonwealth Ct. 504, 427 A.2d 1289 (1981). Questions of credibility, resolution of conflicts in evidence presented, and the weight to be given evidence are matters for the Board to resolve. McDermott v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 393, 431 A.2d 1140 (1981).
We have thoroughly reviewed the record and conclude that the Board’s finding that Claimant was actually observed placing the brown bag in the locker is not supported by substantial evidence. However, we are satisfied that the Board’s remaining findings, specifically that Claimant attempted to take Hospital property, are supported by substantial evidence.
An act of wanton or willful disregard of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employee’s duties and obligations to the employer.
Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 83-84, 351 A.2d 631, 632 (1976). And this Court has previously held that one isolated instance of theft is sufficient to constitute willful misconduct. Kostik v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 32, 315 A.2d 308 (1974). Thus, we find no error in the Board’s conclusion that Claimant was guilty of willful misconduct.
Order
And Now, January 29, 1985, the order of the Unemployment Compensation Board of Review, No. B-220102, in the above-captioned matter is affirmed.
Act of December 5, 1936, Second Ex. Sess., PX. (1937) 2897, as amended, 43 P.S. §802 (e).
At the hearing before the referee, the Hospital offered the testimony of three of Claimant’s co-workers, none of whom had actually observed Claimant placing the bag in her locker. However,