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MULQUEEN v. UNEMPL. COMP. BD. OF REV.

No. 848 C.D. 1978.

48 Pa.Commw. 381 (1980)

Charles J. Mulqueen, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

January 9, 1980.

Attorney(s) appearing for the Case

Catherine J. Garbus, with her Eugene F. Smith, for petitioner.

John Kupchinsky, Assistant Attorney General, with him Michael D. Klein, Assistant Attorney General, Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General for respondent.

Argued October 1, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 9, 1980:

This is an appeal from the order of the Unemployment Compensation Board of Review (Board) affirming a decision of a referee denying benefits to Charles J. Mulqueen (Claimant). We affirm.

Claimant was on annual leave from his position as a Psychiatric Aide I at Clarks Summit State Hospital (Employer) from September 13, 1977 to and including September 27, 1977. On September 26, 1977, Claimant was involved in a "drunken...

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