Lake v. Commonwealth

409 A.2d 126, 48 Pa. Commw. 138, 1979 Pa. Commw. LEXIS 2270
CourtCommonwealth Court of Pennsylvania
DecidedDecember 20, 1979
DocketAppeal, No. 2507 C.D. 1978
StatusPublished
Cited by54 cases

This text of 409 A.2d 126 (Lake v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake v. Commonwealth, 409 A.2d 126, 48 Pa. Commw. 138, 1979 Pa. Commw. LEXIS 2270 (Pa. Ct. App. 1979).

Opinion

Opinion by

Judge MacPhail,

Carl Lake, Sr. (Petitioner) brings this appeal from a decision of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s order denying his unemployment compensation benefits. The referee concluded and the Board agreed that Petitioner was discharged from his employment as an equipment and glassware worker for Merck, Sharp, and Dohme (Employer) because of willful misconduct thereby rendering him ineligible for unemployment compensation benefits pursuant to Section 402(e) of the Unemployment Compensation Law, Act of Decern[140]*140ber 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P.S. §802(e). Petitioner raises two issues for our consideration: whether the Board capriciously-disregarded competent testimony and whether his dismissal was properly founded on willful misconduct. For the reasons which follow, we affirm the Board’s order.

In a case such as this, the burden of proving willful misconduct is on the employer. Gane v. Unemployment Compensation Board of Review, 41 Pa. Commonwealth Ct. 292, 293, 398 A.2d 1110, 1111 (1979); Roach v. Unemployment Compensation Board of Review, 31 Pa. Commonwealth Ct. 424, 426, 376 A.2d 314, 315 (1977). Where, however, an employee attempts to justify the alleged misconduct by a showing of good cause, the employee bears the burden of proving such good cause. Gane, supra, at 293, 398 A.2d at 1111. When the party bearing the burden of proof prevails before the Board, we must determine on appeal whether an error of law has been committed and whether any necessary finding of fact is unsupported by substantial evidence in the record. Roach, supra, at 427, 376 A.2d at 315; Unemployment Compensation Board of Review v. Tumolo, 25 Pa. Commonwealth Ct. 264, 267, 360 A.2d 763, 765 (1976). Where the party with the burden of proof does not prevail before the Board, our scope of review is limited to determining whether the findings of fact are consistent with each other and with the conclusions of law and whether they can be sustained without a capricious disregard of competent evidence. Aluminum Co. of America v. Theis, 11 Pa. Commonwealth Ct. 587, 590, 314 A.2d 893, 895 (1974). Employer prevailed before the Board and, therefore, is entitled to the benefit of any inferences which can be reasonably and logically drawn from the evidence on the record. Nehi Bottling Co. v. Unemployment Compensation [141]*141Board of Review, 27 Pa. Commonwealth Ct. 251, 253, 366 A.2d 594, 595 (1976). Of course, questions of credibility, resolution of conflicts in the evidence presented, and a determination of the weight to be given the evidence are matters for the Board to determine. Roach, supra.

Petitioner had worked for Employer for approximately five years. During at least part of that time, Petitioner, who is black, believed that he was the target of discriminatory treatment by his immediate supervisor, William Maulé (Maulé). On February 24, 1978, Petitioner spoke to his department head Dr. Fisher (Fisher) and made a threat on Maulé’s life. On March 6, 1978, Employer, citing Petitioner’s poor attendance record and his threat against Maulé, discharged him. Petitioner’s attendance record is no longer in issue in this matter,1 so we will confine our analysis to the question of whether his threat against Maulé constituted willful misconduct and a basis for the denial of unemployment compensation benefits.

As we stated in our opinion in Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 97, 309 A.2d 165, 168-69 (1973) :

For behavior to constitute wilful misconduct, it must evidence (1) the wanton and wilful disregard of the employer’s interest, (2) the deliberate violation of rules, (3) the disregard of standards of behavior which an employer can rightfully expect from his employe, or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for the employer’s interests or the employee’s duties and obligations.

[142]*142We have repeatedly held that a threat to inflict bodily harm on one’s superior is clearly within the definition of willful misconduct. Nesmith v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 579, 581, 402 A.2d 1132, 1133 (1979); Rodites v. Unemployment Compensation Board of Review, 34 Pa. Commonwealth Ct. 128, 130, 382 A.2d 1287, 1287 (1978); Unemployment Compensation Board of Review v. Stiles, 19 Pa. Commonwealth Ct. 38, 39 n.2, 340 A.2d 594, 595 n.2 (1975); Wilson v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 314, 316, 325 A.2d 500, 501 (1974). That holding is applicable to the facts of the instant case.

Petitioner argues that his conversation with Fisher did not indicate a threat to Maulé and, therefore, that that language cannot serve as the basis for the finding of willful misconduct. Fisher testified that,

Mr. Lake was somewhat angry and said that he wanted me to get Mr. Maulé off his back, that he made him nervous, that he had trouble sleeping at night and that he had spent many hours planning as to how he was going’ to kill Bill Maulé because he hated him so much.

Petitioner, himself, testified that

I told Doctor Fisher, I said, will you please get Bill Maulé off my back. I said, he’s making me carry problems home to my family. I said, I just had it. I’m frustrated with everything with him picking on me. I said, just please get him off my back. He makes me feel like I want to hurt him, like I want to kill him or something.

The Board specifically resolved any discrepancy between Fisher’s and Petitioner’s testimony in favor of Fisher. It’s quite apparent that either of the two versions of the conversation provides sufficient evi[143]*143deuce to support the Board’s finding of willful misconduct.

In the alternative, Petitioner argues that Employer expected black employees to adhere to a “higher standard of conduct” than white employees, that Employer discriminated against him because he was black, and that his threat against Maulé was precipitated by this discrimination. These factors, he argues, should negate any willful misconduct on his part. Petitioner’s argument is without merit.

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Bluebook (online)
409 A.2d 126, 48 Pa. Commw. 138, 1979 Pa. Commw. LEXIS 2270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-commonwealth-pacommwct-1979.