Katera's Kove, Inc. v. Unemployment Compensation Board of Review

CONCURRING AND DISSENTING OPINION BY

Judge LEAVITT.

The majority holds that Employer’s discharge of Claimant has to be evaluated exclusively under Section 402(e.l) of the Unemployment Compensation Law (Law),1 *805and I agree. I must respectfully dissent, however, from the majority’s Section 402(e.l) analysis. This Court’s standard of review tests the Board’s adjudication for legal error, and I find no error in the Board’s interpretation of Employer’s substance abuse policy as allowing for only random drug testing. Thus, I would defer to the Board and affirm its order.

As noted by the majority,…