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BIGGS v. UN. COMP. BD. OF REV.

No. 1091 C.D. 1981.

66 Pa.Commw. 117 (1982)

James Biggs, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

April 14, 1982.

Attorney(s) appearing for the Case

Germaine Ingrim, for petitioner.

John Kupchinsky, Associate Counsel, with him Steven J. Neary, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

Argued March 4, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 14, 1982:

James Biggs appeals from an Unemployment Compensation Board of Review (Board) order denying benefits. We affirm.

Biggs was found sleeping on the job by his foreman and was discharged. Biggs' excuse was illness, although he had failed to so advise his supervisors. The employer had no specific rules regarding sleeping on the job. The Board affirmed the referee's holding of the willful misconduct.

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