In re the Claim of Ferrarie

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 23, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Unemployment Insurance Appeal Board found that claimant’s conduct in shoving a co-worker was not a spontaneous response to the co-worker’s having first shoved claimant and that claimant had an opportunity and an obligation to break off the confrontation. At his hearing, claimant admitted that after the co-worker shoved him, the co-worker started to leave…