UGI Utilities, Inc. v. Unemployment Compensation Board of Review

OPINION BY

Judge LEAVITT.

UGI Utilities, Inc. (Employer) petitions for review of the adjudication of the Unemployment Compensation Board of Review (Board) granting Charlyse Nelson (Claimant) unemployment benefits. In doing so, the Board affirmed the Referee’s decision that Employer failed to sustain its burden of proving willful misconduct under Section 402(e) of the Unemployment Compensation Law (Law) 1 when Claimant was discharged for violating Employer’s drug use policy. The issues before us are whether the Board erred because it applied Section 402(e) rather than the newly enacted Section…