In re the Claim of Morse
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 21, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a part-time X-ray technician after he failed to return from his vacation or call the employer to explain his absence. Unbeknownst to the employer, claimant, who had an alcohol abuse problem, entered a two-week residential alcohol rehabilitation program during his scheduled vacation. After a week of participating in the program, claimant decided to extend his stay for an additional week (for a total of three weeks). Claimant, believing that “it would not be a problem”, failed to inform the employer that he would not be returning to work as scheduled. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because his employment was terminated due to misconduct. We affirm.
Alcoholism may excuse disqualifying misconduct if there is
White, J. P., Peters, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.