Mariano v. Commonwealth

Opinion by

President Judge Crumlish,

Pasco Mariano, while on strike against his employer, was discharged for physically assaulting a fellow non-striking employee. Mariano appeals the Unemployment Compensation Board of Review’s determination that he is ineligible for benefits due to willful misconduct.1 We affirm.

*40Mariano unsuccessfully contends that the Board improperly remanded the record to a referee for additional testimony. The law is clear that the decision to grant a remand is strictly within Board discretion. Shriner v. Unemployment Compensation Board of Review, 42 Pa. Commonwealth Ct.…