Watkins v. Unemployment Compensation Board of Review

689 A.2d 1019, 1997 Pa. Commw. LEXIS 84, 1997 WL 78389
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 24, 1997
DocketNo. 1247 C.D. 1996
StatusPublished
Cited by11 cases

This text of 689 A.2d 1019 (Watkins v. Unemployment Compensation Board of Review) 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
Watkins v. Unemployment Compensation Board of Review, 689 A.2d 1019, 1997 Pa. Commw. LEXIS 84, 1997 WL 78389 (Pa. Ct. App. 1997).

Opinion

OPINION

KELLEY, Judge.

Harry B. Watkins (claimant) appeals from an order of the Unemployment Compensation Board of Review denying him benefits pursuant to section 402(e) of the Pennsylvania Unemployment Compensation Law (Law).1 We affirm.

Claimant applied for unemployment compensation benefits with the Germantown Job Center (Job Center) following termination of his employment with Germantown Hospital and Medical Center (employer). The Job Center, upon determining that claimant’s conduct at the time of his discharge from his employment rose to the level of willful misconduct because his actions were inappropriate and considered insubordinate, denied benefits pursuant to section 402(e) of the Law.

Claimant appealed the determination of the Job Center and a hearing before a referee ensued on February 8, 1996. Claimant and employer’s representatives were present and testified before the referee. Claimant was not represented by counsel at the hearing before the referee. By decision dated January 23, 1996, the referee affirmed the determination of the Job Center and claimant appealed to the board.

By letter dated March 19,1996, counsel for claimant requested a hearing date regarding claimant’s appeal from the referee’s decision. Claimant’s counsel advised the board that testimony was not heard regarding employer’s failure to adhere to their own guidelines as outlined in employer’s publication entitled ‘Working Together at The Germantown Hospital and Medical Center.” In response, the board informed claimant, through his counsel, that his request for a remand hearing would be reviewed by the board and that such a hearing would be granted only when and if the board determined that it was needed to enable the board to render an appropriate decision.

In affirming the referee’s decision, the board made the following findings of fact:

1. Claimant was last employed as a security officer by [employer] from February 12, 1994 at a final rate of $10.40 per hour and his last day of work was December 23,1995.
2. On December 23, 1995, the Claimant was to be counselled by employer regarding various issues.
3. Employer began to speak with claimant relative to these various issues; specifically, claimant was asked why he was wearing a badge.
[1021]*10214. Claimant got up and began to walk out of the room before employer was through speaking with him.
5. Employer then asked the claimant to sit down because he wasn’t finished. Claimant refused and walked out of the room. Employer further warned claimant he’d be suspended if he did not come back into the office.
6. Claimant refused and told employer he wasn’t going to suspend anybody.
7. Employer made a phone call to security when claimant came into his office, stood face to face with employer and accused employer of “screwing around” with his wife.
8. An argument ensued whereby employer told claimant he was paranoid, pushed by him and went into another office. Employer called the police in order to have claimant arrested.
9. Claimant was suspended with the possibility of discharge.
10. Claimant was discharged effective December 27, 1995, due to insubordination.

Based on the findings, the board concluded that: (1) employer established willful misconduct in connection with claimant’s work; (2) claimant acted in an insubordinate nature on December 23, 1995; and (3) claimant did not establish good cause for his actions. In addition, the board concluded that: (1) the parties had the opportunity for a full and fair hearing; (2) the record was sufficiently complete to enable the board to reach its decision; and (3) the claimant had not advanced good cause for the granting of a remand hearing. Accordingly, the board affirmed the referee’s decision denying benefits to claimant and denied claimant’s request for a remand hearing. This appeal followed.

In unemployment compensation cases, our scope of review is to determine whether constitutional rights were violated, an error of law was committed, or necessary findings of fact are not supported by substantial evidence. Kirkwood v. Com., Unemployment Compensation Board of Review, 106 Pa.Cmwlth. 92, 525 A.2d 841 (1987). Substantial evidence is relevant evidence that a reasonable mind might consider adequate to support a conclusion. Hercules, Inc. v. Unemployment Compensation Board of Review, 146 Pa.Cmwlth. 77, 604 A.2d 1159 (1992).

On appeal herein, claimant presents the following issue for our review: Whether the board abused its discretion in affirming the decision of the referee below which denied benefits to claimant where the referee failed to afford the claimant an opportunity to present testimony regarding his former employer’s deviation from their own established guidelines despite the claimant’s written request for a hearing date.

A review of the argument portion of claimant’s brief reveals that there is no correlation between the question presented and claimant’s argument on appeal.2 The argument portion of claimant’s brief is based on the premise that claimant was not afforded any hearing before a referee; therefore, the entire argument focuses on a claimant’s due process right to be heard. As stated previously in this opinion, a hearing before the referee was held on February 8, 1996 at which time claimant appeared and testified. See Original Record, Transcript of Hearing held February 8,1996.

The argument portion of claimant’s brief fails to address the issue of how the board abused its discretion by failing to grant claimant a remand hearing to present evidence regarding employer’s alleged deviation from its established guidelines.3 Moreover, when claimant’s failure to address the issue raised in his statement of questions presented was called to claimant’s attention by the board’s brief, claimant still failed to set forth, in his reply brief, specific reasons why he [1022]*1022was not afforded a full and fair hearing on February 8, 1996, or to set forth why the board should have granted him a remand hearing.

Accordingly, because claimant has not properly presented an argument in the argument portion of his brief in support of the issue raised in his statement of questions presented, claimant has waived this issue. See Di Vito v. City of Philadelphia, 144 Pa.Cmwlth. 132, 601 A.2d 397, 399 n. 6 (1991), petition for allowance of appeal denied, 533 Pa. 613, 618 A.2d 403 (1992) (issues raised in statement of questions involved but not addressed in the argument portion of the brief were deemed waived pursuant to Pa. R.A.P. 2119). Accordingly, the order of the board is affirmed.

The board contends in its brief that it is entitled to an award of reasonable counsel fees pursuant to Pa.RA..P. 2744.4

Free access — add to your briefcase to read the full text and ask questions with AI

Related

R.A. Breuer, Esq. v. Borough of Malvern
Commonwealth Court of Pennsylvania, 2023
S. Bouges v. City of Philadelphia (WCAB)
Commonwealth Court of Pennsylvania, 2023
J.A. Patterson v. UCBR
Commonwealth Court of Pennsylvania, 2020
E.J. Nicholas v. PBPP
Commonwealth Court of Pennsylvania, 2019
Dobson Park Mgmt., LLC v. Property Mgmt., Inc.
203 A.3d 1134 (Commonwealth Court of Pennsylvania, 2019)
R.D. Anderson v. UCBR
Commonwealth Court of Pennsylvania, 2019
J.C. v. DHS
Commonwealth Court of Pennsylvania, 2018
Canal Side Care Manor, LLC v. Pennsylvania Human Relations Commission
30 A.3d 568 (Commonwealth Court of Pennsylvania, 2011)
Coyne v. Workers' Compensation Appeal Board
942 A.2d 939 (Commonwealth Court of Pennsylvania, 2008)
Muretic v. Workers' Compensation Appeal Board
934 A.2d 752 (Commonwealth Court of Pennsylvania, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
689 A.2d 1019, 1997 Pa. Commw. LEXIS 84, 1997 WL 78389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-unemployment-compensation-board-of-review-pacommwct-1997.