Heitczman v. Unemployment Compensation Board of Review

In Heitczman v. Unemployment Compensation Board of Review, 162 Pa. Commw. 275, 638 A.2d 461 (Pa. Cmwlth. 1994), the claimant (Heitczman), a truck driver, violated a known work rule requiring him to walk completely around his truck before backing it up. Id. at 462. Heitczman backed his truck up in a parking lot and struck a light standard, which then fell on the truck. Id. The Court concluded that because Heitczman had violated the known work rule, he had committed willful misconduct, despite his argument that "he did not make a deliberate decision to back up the truck improperly." Id. at 463. Michael G. Heitczman (Heitczman) worked as a truck driver for Central Air Freight Service (Central). Central had a policy of which Heitczman was aware that required truck drivers to back up their trucks as infrequently as possible, and, if they had to back up, to get out of the truck and make a "walk around" to ensure that the path to back up was clear to avoid accidents. On November 25, 1992, Heitczman decided to back up his truck to move it in the hope of getting a better radio signal. Heitczman did not walk completely around his truck to see if anything blocked his path. He then backed up and hit a light standard. The light standard fell on the roof of the truck which resulted in an undetermined amount of damage to the truck and approximately $ 6,300 in damage to the light standard. Central terminated Heitczman for his violation of Central's policy. Heitczman sought unemployment compensation benefits. The Unemployment Compensation Service Center denied his claim. The referee reversed on the basis that Heitczman did not directly violate the policy because the light standard was located in his blind spot and he could not see it when backing up. The Board reversed the referee on the basis that Heitczman did not provide adequate justification for his violation of Central's rule. Heitczman, 638 A.2d at 462-463. Heitczman petitioned for review with this Court and argued that he did not commit willful misconduct because he did not make a deliberate decision to back up the truck improperly and his conduct was merely negligent. Heitczman, 638 A.2d at 463. This Court affirmed: In Morysville Body Works, Inc. v. Unemployment Compensation Board of Review, 54 Pa. Commw. 6, 419 A.2d 238 (Pa. Cmwlth. 1980), an employee violated a shop rule by punching the time card of another employee. Finding that employee's action was solely based on mistake, we affirmed the Board's grant of unemployment compensation benefits. However, in this case, there is no question of mistake. Claimant Heitczman knew of the existence of the work rule, specifically failed to follow it by backing up his truck without making a 'walk around' and, as a result hit the light standard that crashed onto the roof of his Employer's Central truck. Such conduct is not the type of inadvertence, i.e. negligence, that . . . Morysville addressed, but is more akin to the disobedience of a direct instruction. Heitczman, 638 A.2d at 464. In Heitczman, the employer's policy required its truck drivers to walk completely around their trucks before driving in reverse to ensure that their path of travel was clear. Without performing a "walk around," Heitczman backed up his truck and collided with a light standard, damaging the truck and the light standard. The employer terminated the claimant for violation of the "walk around" policy and Heitczman filed for unemployment compensation. Before this Court, Heitczman argued that his conduct was merely negligent and did not constitute willful misconduct because he did not deliberately back up the truck improperly. Determining that Heitczman did not have adequate justification for violating the employer's policy, the Court stated: There is no question of mistake. Heitczman knew of the existence of the work rule, specifically failed to follow it by backing up his truck without making a "walk around" and, as a result, hit the light standard that crashed onto the roof of his Employer's truck. Such conduct . . . is more akin to disobedience of a direct instruction. Id. at 281.