HOUFF TRANSFER, INC. v. UN. COMP. BD. OF REV.

No. 1748 C.D. 1977.

40 Pa.Commw. 238 (1979)

Houff Transfer, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

January 31, 1979.


Attorney(s) appearing for the Case

William J. Flannery, with him, of counsel, Morgan, Lewis & Bockius, for petitioner.

Reese F. Couch, Assistant Attorney General, with him James Bradley, Assistant Attorney General, Daniel R. Schuckers, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Argued September 14, 1978, before Judges MENCER, DiSALLE and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MENCER, January 31, 1979:

Houff Transfer, Inc. (Houff) appeals an order of the Unemployment Compensation Board of Review (Board) granting benefits to Robert K. Phelps, Jr. (claimant). The Board found that claimant was not discharged because of willful misconduct1 pursuant to Section 402(e) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second...

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