Geisinger Health Plan v. Unemployment Compensation Board of Review

DISSENTING OPINION BY

Judge FRIEDMAN.

Respectfully, I dissent. Although I believe that the Unemployment Compensation Board of Review’s (UCBR) analysis is incomplete,1 I believe that the UCBR’s findings support the conclusion that Geis-inger Health Plan (Employer) failed to establish willful misconduct in this case.

The evidence established the following facts.2 As John D. Buckeye (Claimant) knew or should have known, Employer’s electronic communications policy provides that access to pornography is strictly prohibited on Employer’s time and Employer’s resources and is grounds for termination.…