Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 6, 2014, which ruled that claimant was entitled to receive unemployment insurance benefits.
For approximately 10 months, claimant worked for the employer as a motor equipment operator. On October 10, 2012, after parking and exiting the employer’s refuse truck at a restaurant, three individuals, two of whom were carrying golf clubs, assaulted claimant. After being struck with a golf club, claimant grabbed one of the golf clubs and swung the club to ward off the three attackers. After the police arrived and conducted an investigation of the incident, neither claimant nor his coworkers were charged with any crimes. A few days later, claimant’s employment was then terminated for his “unsatisfactory work performance.” Claimant then applied for, and received, unemployment insurance benefits. Thereafter, the Department of Labor determined that claimant lost employment due to actions that constituted misconduct in connection with that employment, disqualified him from receiving benefits and ordered him to reimburse the employer for benefits. Following a hearing requested by claimant, an Administrative Law Judge upheld the Department’s determination. Upon review, the Unemployment Insurance Appeal Board reversed, determining that claimant was entitled to receive unemployment insurance benefits because, in its view, claimant’s actions were in self-defense and did not constitute disqualifying misconduct. The employer now appeals.
The employer contends that claimant is not entitled to
Ordered that the decision is affirmed, without costs.
