Opinion
Argued December 4, 1978
January 10, 1979.
Unemployment compensation — Wilful misconduct — Tardiness — Insubordination — Carelessness — Mental and physical limitation — Medication.
1. An employe discharged for tardiness, insubordination and carelessness is properly found to be guilty of wilful misconduct and ineligible for unemployment compensation benefits when evidence does not support the claim of the applicant that mental and physical limitations and medication taken by the applicant prevented her from completing work assignments. [592-3]
Argued December 4, 1978, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.
Appeal, No. 1081 C.D. 1977, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Elaine Mascioli, No. B-126004-B.
Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed. Benefits awarded by referee. Employer appealed to the Unemployment Compensation Board of Review. Award reversed. Applicant appealed to the Commonwealth Court of Pennsylvania. Order vacated. Case remanded. ( 23 Pa. Commw. 463) Award of benefits by referee reversed by Unemployment Compensation Board of Review. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Terrence J. Herron, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.
This is an appeal from a decision of the Unemployment Compensation Board of Review (Board) vacating its prior decision and reversing the referee's decision to grant benefits to Elaine Mascioli (Claimant).
Claimant previously appealed to this Court from an order of the Board denying benefits, at which time this case was remanded to the Board for the purpose of procuring additional evidence on the subject of Claimant's mental and physical limitations. Unemployment Compensation Board of Review v. Mascioli, 23 Pa. Commw. 463, 352 A.2d 576 (1976). The Board took additional testimony pursuant to the order of remand and has now found that although the Claimant was on medication, there was no evidence that the medication produced physical disability or prevented the Claimant from completing work assignments. Since the Board found previously that the Claimant's tardiness, carelessness and insubordination constituted willful misconduct, and Claimant failed to produce any new evidence justifying her actions, we must now affirm the Board's order denying benefits.
ORDER
AND NOW, this 10th day of January, 1979, the order of the Unemployment Compensation Board of Review, dated April 15, 1977, denying unemployment compensation benefits to the Claimant, Elaine Mascioli, is hereby affirmed.