Unemployment Compensation Board Review Commonwealth Pennsylvania v. Sara Wright

[ 21 Pa. Commw. Page 638] Ms. Sara Wright (claimant) was last employed as a switchboard operator for Parkview Hospital until her discharge in August of 1974. After her discharge she applied for unemployment compensation benefits pursuant to the Pennsylvania Unemployment Compensation Law1 (Act). At the referee's hearing the claimant's employer testified as to certain acts of willful misconduct on the part of the claimant as the reason for her discharge. The claimant, however, offered explanations for some of the acts and denied others. The referee, giving greater weight to the credibility of the claimant's testimony, concluded that she was discharged merely as an unsatisfactory employee rather than for willful misconduct, and awarded benefits. Upon review, however, the Unemployment Compensation [ 21 Pa. Commw. Page 639] Board of Review (Board) exercised its own judgment as to the credibility of the witnesses and concluded that the claimant was guilty of willful misconduct. Benefits were, therefore, denied pursuant to Section 402(e) of the Act, 43 P.S. § 802(e). The claimant has now appealed to this Court.