Friday, April 15, 2011

UC - willful misconduct - no substantial evidence

Francois v. UCBR - Cmwlth. Court - April 13, 2011 - unreported memorandum decisions http://www.pacourts.us/OpPosting/Cwealth/out/1059CD10_4-13-11.pdf Where the only evidence of claimant's alleged violation of the employer no-call/no-show policy was the claimant testimony, in which she denied any violations, substantial evidence did not support the Board's finding of willful misconduct. The court remanded the case, because the Board made an "invalid or inadequate finding of fact."
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This summary and others are available at the PLAN Legal Updates http://planupdate.blogspot.com/, which is searchable.


Unreported decisions, even although not binding precedent, can be cited for their persuasive value , pursuant to 210 Pa. Code ยง 67.55 http://www.pacode.com/secure/data/210/chapter67/chap67tochtml#67.55.

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