Smith v. Commonwealth, Unemployment Compensation Board of Review

Opinion by

Judge Craig,

Claimant Jerome Smith appeals from a decision of the Unemployment Compensation Board of Review, which held that claimant was ineligible for benefits under Section 402(e), 43 P.S. §802(e) of the Unemployment Compensation Law,1 because his discharge from Leech, Inc. was precipitated by an act of willful misconduct.

The referee and board, resolving conflicting testimony, found that claimant requested and received permission from his employer to leave work three hours early to tend to an “emergency at home.” Later in the day claimant telephoned his employer and told him that…