Escott v. Commonwealth
Escott v. Commonwealth
Opinion of the Court
Opinion by
Richard C. Escott (claimant) filed a petition for review of the order of the Unemployment Compensation Board of Review (Board), affirming a referees decision denying him benefits on the ground that his unemployment was the result of his willful misconduct. Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 PS. §802(e).
The claimant had been employed by Kephart Trucking Company as a truck driver for about a year when on August 17, 1984 he was discharged.
The claimant applied for unemployment compensation benefits and the Office of Employment Security determined that he was ineligible by reason of his willful misconduct and he appealed.
The referee conducted the hearing by telephone. Neither party was represented by counsel. The employers only witness was Wallace Kephart, president of the trucking company, who testified that the principal reason for the claimants discharge was that he was sometimes late for work and missed picking up loads and because on August 16, 1984 when he missed picking up a load he did not call in and report it. Mr. Kephart testified that prior to August 16 he had warned the claimant for being late and had once suspended him for a week.
The claimant contends that the referees decision is not supported by the evidence and that the referee erred in not reviewing his log books.
Since Mr. Kephart testifed from his firsthand knowledge, his testimony is competent and supports a finding that the claimant was discharged for lateness. See Wardlaw v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 477, 387 A.2d 1356 (1978).
However, we agree with the claimant that the refusal of the referee to admit the log books was error. In Knox v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 588, 591-592, 317 A.2d 60, 62-63 (1974), the late Judge Harry A. Kramer wrote: “[i]f the record made . . . would show in any way that the referee had improperly refused to accept relevant
We reverse the order of the Unemployment Compensation Board of Review and remand the record for a new hearing. Jurisdiction is relinquished.
Order
And Now, this 13th day of June, 1986, the order of the Unemployment Compensation Board of Review is reversed and the record is remanded for a new hearing. Jurisdiction is relinquished.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.