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RODRIGUEZ v. UNEMPL. COMP. BD. OF REVIEW

No. 1862 C.D. 1978.

48 Pa.Commw. 65 (1979)

Juan F. Rodriguez, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

December 18, 1979.

Attorney(s) appearing for the Case

Barbara J. Hart, with her Louis M. Shucker, and William Anderson, for petitioner.

William J. Kennedy, Assistant Attorney General, with him Richard Wagner, Assistant Attorney General, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Argued September 13, 1979, before Judges CRUMLISH, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., December 18, 1979:

Juan F. Rodriguez was last employed as a chipper for Reading Gray Iron on or about November 9, 1977. Rodriguez allegedly reported to work in an intoxicated condition and as a result was discharged. Rodriguez contends that he had been excused from work until the beginning of the following work week because he suffered a twisted ankle and his discharge came in the interim. The referee found that he was discharged...

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