K.O. Cokely v. UCBR
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 21, 2026
Docket962 C.D. 2025
JudgeDumas
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kevin O. Cokely, :
Petitioner :
: No. 962 C.D. 2025
v. :
: Submitted: September 14, 2026
Unemployment Compensation :
Board of Review, :
Respondent :
BEFORE: HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE DUMAS FILED: October 21, 2026
Kevin O. Cokely (Claimant), proceeding pro se, has petitioned this
Court to review the adjudication issued by the Unemployment Compensation Board
of Review (Board) on June 27, 2025, which affirmed a Referee’s decision that the
Claimant was ineligible for unemployment compensation (UC) benefits under
section 402(e) of the UC Law relating to willful misconduct.1 Upon review, we
affirm.
1
Section 402(e) of the UC Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937)
2897, as amended, 43 P.S. § 802(e) (stating that an employee is ineligible for compensation when
his separation from employment is due to willful misconduct connected with his work).
I. BACKGROUND2
Claimant was employed full-time by Bayada Home Health Care, Inc.
(Employer) as a home health aide from December 2023 until December 2024. On
December 16, 2024, he was scheduled to care for his nonverbal, wheelchair bound
client from 5:00 p.m. to 11:00 p.m. Claimant left his shift early to buy cigarettes,
leaving the client alone. He was then detained for drunk driving. Claimant called
Employer’s answering service the next morning to tell them that he had not
completed his shift the night before because he had been intoxicated. Employer
terminated Claimant for abandonment and being intoxicated at work.
Claimant filed for UC benefits, which the UC Service Center denied.
Claimant appealed to a Referee, who held a hearing where Claimant and Employer’s
office director testified. The Referee affirmed, finding that Claimant had committed
willful misconduct. Claimant timely appealed to the Board, which affirmed the
Referee. Claimant then timely petitioned this Court for further review.
II. ISSUES
Claimant has raised two issues for review, which we have reordered
and rephrased as follows.3 First, Claimant challenges the Board’s findings of
credibility in favor of Employer. Second, although it is not entirely clear from
2
Unless stated otherwise, we adopt this background from the Board’s decision and order,
which adopted the Referee’s findings and conclusions. See Bd.’s Decision & Order, 6/27/2025;
see also Referee’s Decision, 05/07/2025.
3
Claimant’s statement of questions imprecisely describes the issues he is presenting to this
Court for review. See Claimant’s Br. at 7 (unpaginated) (specifically asserting, inter alia, that he
was “treated unfair[ly]” and that his manager “[l]ied” to the Referee). We infer the issues from
the substance of Claimant’s brief as well as the certified record.
2
Claimant’s brief, we infer Claimant’s contention that he did not commit willful
misconduct or, in the alternative, that he had good cause for his actions.4
III. DISCUSSION
Our review of the Board’s decision is limited to “determining whether
necessary findings of fact were supported by substantial evidence, whether errors of
law were committed, or whether constitutional rights were violated.” Pierce-Boyce
v. Unemployment Comp. Bd. of Rev., 289 A.3d 130, 135 n.4 (Pa. Cmwlth. 2022).
“In UC cases, the Board is the ultimate factfinder and is empowered to resolve all
issues of witness credibility, conflicting evidence, and evidentiary weight.” Id. at
136. Because the Board is the ultimate factfinder, its findings and credibility
determinations are conclusive on appeal so long as they are supported by substantial
evidence of record. Guthrie v. Unemployment Comp. Bd. of Rev., 738 A.2d 518,
521 (Pa. Cmwlth. 1999). Substantial evidence is relevant evidence that a reasonable
person may accept as adequate to support a finding. Pierce-Boyce, 289 A.3d at 136.
Here, Claimant challenges several findings. First, he asserts that “[he]
didn’t lie about calling out.” Claimant’s Br. at 9. Rather, according to Claimant, he
called Employer the night of his shift to inform them that he was leaving early. Id.
at 8. He further suggests that Employer approved his conduct. Id. (stating, “[I] d[id]
talk to Miss Jennifer, and she said I was covered . . . .”) (unnecessary capitalization
removed). He also claims that he left his shift because he was experiencing a mental
health episode and needed to seek medical attention, not because he was intoxicated.
See id. at 9.
4
Claimant also vaguely mentions Title VII of the Civil Rights Act of 1964 as an issue for
review but does not include it as a separate issue in his brief. See, e.g., Claimant’s Br. at 7. Title
VII claims arise against one’s employer for unfair treatment based on race, color, religion, sex or
national origin. 42 U.S.C. § 2000e-2. The focus of this appeal is reviewing the decision of the
Board, not Claimant’s employer, so Title VII does not apply.
3
The Board acknowledged Claimant’s assertions but credited testimony
from Employer’s witness that the only call they received was the morning after
Claimant left his shift during which he admitted to leaving early due to intoxication.
Bd.’s Decision & Order at 2; Hr’g Tr. at 14. The Board found Claimant’s testimony
to be disruptive and inconsistent and resolved all discrepancies against him. Bd.’s
Decision & Order at 1-2; Ref. Decision at 2. Claimant’s testimony on the sequence
of events leading up to his termination was unclear. For example, Claimant asserts
that he spoke to “Miss Jennifer” to call out, over a week before his scheduled shift,
while in other accounts, his girlfriend called Employer on his behalf the night he left
his shift early. See Claimant’s Br. at 8; see also Hr’g Tr. at 14-15. He was unable
to provide a sufficiently detailed and consistent explanation of his actions to justify
his challenge to the Board’s credibility determination. Claimant has asked this Court
to reweigh the evidence presented to the Board in his favor. We decline to do so, as
substantial evidence supports the Board’s findings. Pierce-Boyce, 289 A.3d at 136;
Guthrie, 738 A.2d at 521.
Next, Claimant contends that his behavior did not constitute willful
misconduct. See generally Claimant’s Br. (denying he abandoned his client); see
also Hr’g Tr. at 11 (“[I]t wasn’t no . . . abandonment or whatever, willful [mis-
]conduct, which I feel is different.”).
The term “willful misconduct” is not defined by statute, but this Court
has defined it as “(1) an act of wanton and willful disregard of an employer’s
interests; (2) a deliberate violation of rules; (3) a disregard of the standards of
behavior which an employer can rightfully expect from an employee; or (4)
negligence showing an intentional disregard of the employer’s interest of the
employee’s duties and obligations.” Waverly Heights, Ltd. v. Unemployment Comp.
4
Bd. of Rev., 173 A.3d 1224, 1228. It is well established that whether conduct rises
to the level of misconduct presents a question of law to be determined by this Court.
Id.
The burden of proving willful misconduct rests with the employer.
Adams v. Unemployment Comp. Bd. of Rev., 56 A.3d 76, 78-79 (Pa. Cmwlth. 2012).
To do so, an employer must prove the existence of a work policy, its reasonableness,
and the fact of its violation. Halloran v. Unemployment Comp. Bd. of Rev., 188 A.3d
592, 597 (Pa. Cmwlth. 2018). However, a specific rule or policy is unnecessary
where an employer has “a right to expect a certain standard of behavior, that standard
is obvious to the employee, and the employee’s conduct is so inimical to the
employer's interests that discharge is a natural result.” Ellis v. Unemployment Comp.
Bd. of Rev., 59 A.3d 1159, 1162 (Pa. Cmwlth. 2013). It is well settled that
intoxication during working hours is a clear act of willful misconduct. See Coryn v.
Unemployment Comp. Bd. of Rev., 316 A.2d 158, 159 (Pa. Cmwlth. 1974).
Additionally, leaving work early without permission has long been held as an
example of willful misconduct. Jackamonis v. Unemployment Comp. Bd. of Rev.,
408 A.2d 581, 582 (Pa. Cmwlth. 1979).
Here, Claimant does not challenge the existence of a workplace rule
against client abandonment or intoxication, nor does he suggest such rules or policies
would be unreasonable. Claimant merely argues that his version of the facts
demonstrates that he did not violate such rules and, therefore, did not commit willful
misconduct. See, e.g., H’rg Tr. at 12 (“I covered myself. That’s what I’m saying.
That was not abandonment, so that can’t be a willful [mis-]conduct.”).
Claimant’s argument is without merit. Here, substantial evidence of
record established that Claimant was intoxicated, abandoned his nonverbal,
5
wheelchair bound client, and was later detained for drunk driving. Employer’s
witness credibly testified that Claimant called the morning after his scheduled shift
and admitted to these facts. Hr’g Tr. at 14.5 Additionally, Employer’s witness
testified that there was no scheduled break permitting Claimant to leave his client,
and if he needed to do so, he was required to notify Employer. Id. at 19.
Accordingly, the Board’s finding of willful misconduct was appropriate. Ellis, 59
A.3d at 1162; Coryn, 316 A.2d at 159; Jackamonis, 408 A.2d at 582.
If an employer establishes an employee’s willful misconduct, the
burden shifts to the employee to establish good cause for his actions. Woodring v.
Unemployment Comp. Bd. of Rev., 284 A.3d 960, 964 (Pa. Cmwlth. 2022). “The
employee can establish good cause where his actions are justified or reasonable
under the circumstances.” Id. (internal quotations omitted). Whether good cause
existed for an employee’s actions is evaluated considering all the attendant
circumstances. Halloran v. Unemployment Comp. Bd. of Rev., 188 A.3d 592, 597
(Pa. Cmwlth. 2018). This Court has held that illness can be a good cause defense to
willful misconduct due to absenteeism, but the claimant must prove that illness was,
in fact, the cause of his absence. Mckeesport Hosp. v. Unemployment Comp. Bd. of
Rev., 625 A.2d 112, 114 (Pa. Cmwlth. 1993). Additionally, while absence for
medical reasons does not generally constitute willful misconduct, a failure to notify
an employer in the manner required by company rules does. Gelles v. Com.,
5
The Board credited the following testimony from Employer’s witness:
[Claimant] then explained to me that he would be honest and tell me that he was
drunk. . . . He left the shift . . . was driving, was pulled over . . . and was placed into
custody overnight for intoxication.”
Hr’g Tr. at 14 (interjections by the Referee are omitted).
6
Unemployment Compensation Bd. of Rev., 452 A.2d 91, 92 (Pa. Cmwlth. 1982). The
question of whether an employer received notice is one of fact. Id.
Claimant has admitted to leaving his shift early. See Claimant’s Br. at
9; Hr’g Tr. at 15-16. In his brief to this Court, Claimant offered his purported
medical issues as justification for his conduct. See Claimant’s Br. at 9. While he
testified to a mental health episode, which resulted in his admission into psychiatric
care at a hospital, see Hr’g Tr. at 15, Claimant has offered varying explanations for
his conduct. See, e.g., id. at 15 (suggesting he left because he was on break), 20
(testifying that he left to buy cigarettes but was unable to return because the police
stopped him). Claimant has also acknowledged his responsibility to notify
Employer. See Claimant’s Br. at 9. However, Claimant’s testimony regarding
notification was also inconsistent. See, e.g., id. at 14 (“My girlfriend called that day
. . . .”), id. at 17 (“I called that night.”).6
Balanced against this inconsistent testimony, Employer’s witness
testified that no call was received from Claimant until the morning after his
scheduled shift. Id. at 19. As discussed, supra, the Board credited Employer and
resolved all credibility determinations against Claimant, which binds this Court on
appeal. See Guthrie, 738 A.2d at 521. Thus, we defer to the Board’s finding that
Claimant failed to properly notify Employer. See Gelles, 452 A.2d at 92.
Nevertheless, even if we were inclined to credit Claimant’s shifting
explanations and accept some version of his testimony that he notified Employer
that he needed to leave his client, Claimant has not provided any evidence
documenting the medical care he purportedly received on the night he abandoned
his client, nor has he offered any corroborative evidence of his underlying condition.
6
Claimant’s girlfriend did not testify at the hearing.
7
Absent proof that Claimant left his client for medical reasons, he cannot establish
good cause for his conduct. Woodring, 284 A.3d at 964; Mckeesport Hosp., 625
A.2d at 114; Gelles, 452 A.2d at 92.
IV. CONCLUSION
For the reasons set forth above, we affirm.
LORI A. DUMAS, Judge
8
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kevin O. Cokely, :
Petitioner :
: No. 962 C.D. 2025
v. :
:
Unemployment Compensation :
Board of Review, :
Respondent :
ORDER
AND NOW, this 21st day of October, 2026, the order issued by the
Unemployment Compensation Board of Review on June 27, 2025, is AFFIRMED.
LORI A. DUMAS, Judge