Legal Opinion

Gonsalves v. Commonwealth, Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided January 24, 1983No. Appeal, No. 2899 C.D. 1980PublishedCited by 1 opinion

1Opinion of the Court

Opinion by

Judge Blatt,

Tana M. Gronsalv.es (.claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which denied her benefits because of her discharge f,or willful misconduct.1 Specifically, the Board concluded that the claimant had been discharged by her employer for insubordination.2

An employer bears the burden of establishing an employee’s willful misconduct. Zuraw v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 548, 434 A.2d 1312 (1981). And where, as here, the party with .this burden has prevailed below, our .scope of review is limited to…

2Cases cited4 opinions

  1. Stalc v. CommonwealthCommonwealth Court of Pennsylvania · 1974
  2. Gwin v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1981
  3. Nesmith v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  4. Zuraw v. CommonwealthCommonwealth Court of Pennsylvania · 1981

3Cited by1 opinion

  1. Nordam v. Board of Review of the Oklahoma Employment Security CommissionSupreme Court of Oklahoma · 1996

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