Biggs v. Commonwealth, Unemployment Compensation Board of Review

Opinion by

President Judge Crumlish, Jr.,

James Biggs appeals from an Unemployment Compensation Board of Review (Board) order denying benefits. We affirm.

Biggs was found sleeping on the job by his foreman and was discharged. Biggs’ excuse was illness, although he had failed to so advise his supervisors. The employer had no specific rules regarding sleeping on the job. The Board affirmed the referee’s holding of the willful misconduct.1

Where the burdened party2 prevailed below, our scope of review is limited to legal questions and a determination of whether or not the Board’s findings are…