TURNER v. UNEMPLOYMENT COMP. BD. OF REVIEW


899 A.2d 381 (2006)

Henry L. TURNER, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 16, 2006.

As Amended May 17, 2006.


Attorney(s) appearing for the Case

Michael A. Frisk, Jr., Ellwood City, for petitioner.

Edward Leymarie, Jr., Ellwood City, for intervenor, Borough of Ellwood City.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, and SIMPSON, Judge.


OPINION BY Judge LEADBETTER.

Henry L. Turner (claimant) appeals from a determination of the Unemployment Compensation Board of Review (Board), which denied him benefits because Turner tested positive for marijuana use, in a test pursuant to the Borough of Ellwood City's (employer) substance abuse policy. We affirm.

Claimant, who has a commercial driver's license (CDL), began working in the employer's public works department in 1974.

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