Perez v. Unemployment Compensation Board of Review

PELLEGRINI, Judge.

Jose Perez (Claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board) finding that his conduct in pushing a co-worker who had deliberately provoked him at the command of their immediate supervisor constituted willful misconduct under Section 402(e) of the Unemployment Compensation Law (Law). 1

Claimant worked for seven years at Erie Strayer Company (Employer) as a welder making steel mixing bins for concrete. On September 17, 1998, Claimant was welding inside of a large steel mixing bin when James Wolfgang (Wolfgang), a co-worker, began to hit…