Tuesday, April 28, 2009

UC - willful misconduct - negligence v. breach of employer rule

Moran v. UCBR - Cmwlth. Cour - Ap[ril 27, 2009

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/1659CD08_4-27-09.pdf

The court rejected claimant's argument that his failure to put the brake on his truck was merely negligence, under Navickas v. UCBR, 787 A.2d 284 (Pa. 2001), since claimant was fired not for a negligent error but rather for the violation of the work rule regarding putting the brake on trucks.

UC - appeal -proof of mailing - postage meter

Moran v. UCBR - Cmwlth. Cour - Ap[ril 27, 2009

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/1659CD08_4-27-09.pdf

Employer's appeal was timely filed, where the date on the emvelope, from the the employer's postage meter, was within the appeal period, upholding the validity of 34 Pa. Code 101.82 and distinguishing Lin v. UCBR, 735 A.2d 697 (Pa. 1999), a pre-regulation decision.

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