Legal Opinion · Dissent

Robinson v. UN. COMP. BD. OF REV.

Commonwealth Court of Pennsylvania

Decided August 23, 1988No. Appeal 1907 C.D. 1987Published

1Dissent

*142Dissenting Opinion by

Senior Judge Kalish:

I agree that Section 402(e) of the Unemployment Compensation Law (Law)1 disqualifies claimant for unemployment compensation benefits for work-related misconduct, whereas section (3) of the Law, 43 P.S. §752, as an independent basis for the denial of compensation, disqualifies for non-work-related misconduct. However, as Judge Barbieri indicated in Southeastern Pennsylvania Transportation Authority v. Unemployment Compensation Board of Review, 96 Pa. Commonwealth Ct. 38, 506 A.2d 974 (1986), the non-work-related misconduct must directly affect the…

2Cases cited5 opinions

  1. Unemployment Compensation Board of Review v. DerkCommonwealth Court of Pennsylvania · 1976
  2. Southeastern Pennsylvania Transportation Authority v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1986
  3. Perdue v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1977
  4. D'Iorio v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  5. Kalenevitch v. UN. COMP. BD. OF REV.Commonwealth Court of Pennsylvania · 1987

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