Matter of Moniz (Commr. of Labor)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 15, 2013, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant and his wife worked for the employer and, in December 2011, both attended an after hours birthday party at a bar. His wife had recently been suspended for misconduct and one of her accusers, who was a coworker, was at the party. Claimant assaulted the coworker, although there is a dispute as to whether he did so for work-related or personal reasons. After learning of the incident, the employer terminated claimant…