Harris v. Commonwealth, Unemployment Compensation Board of Review
Harris v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
Carson Harris (claimant) appeals here an order of the Unemployment Compensation Board of Review (Board) which denied him benefits pursuant to Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Special Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e) (willful misconduct).
The claimant was employed by the New Diamond Market as a stock handler for approximately eight months. On December 20, 1981, he was ordered by his employer to transport inventory from the storage area to the display area of the store. After refusing to follow the order for the fourth time, he was discharged.
In an unemployment compensation case, where the party with the burden of proof prevailed below, our scope of review, of course, is to determine whether or not an error of law was committed or necessary findings of fact are unsupported by substantial evidence. Stackhouse v. Unemployment Compensation Board of Review, 56 Pa. Commonwealth Ct. 643, 425 A.2d 869 (1981). The burden of proof, furthermore, is upon the employer to prove that the discharge of the employee was for willful misconduct. Hadvance v. Unemployment Compensation Board of Review, 65 Pa. Commonwealth Ct. 447, 442 A.2d 862 (1982).
The claimant contends that he received no notice of his hearing date, was therefore precluded from attending and presenting evidence, and should not be denied benefits.
Our thorough review of the record indicates that, because of the Board’s failure to make any findings of fact on the notice issue,
We will, therefore, vacate the order of the Board and remand for proceedings consistent with this opinion.
Order,
And Now, this 29th day of March, 1984, the order of the Unemployment Compensation Board of Review is vacated and remanded for proceedings consistent with this opinion. Jurisdiction relinquished.
Neither the referee’s nor the Board’s decision makes any findings or even alludes to the notice issue.
On the merits of the notice issue, we believe that the Board should be guided by John Kenneth, Ltd. v. Unemployment Compensation Board of Review, 66 Pa. Commonwealth Ct. 377, 444 A.2d 824 (1982).
Reference
- Full Case Name
- Carson Harris v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 7 cases
- Status
- Published