Sheaffer v. Commonwealth
Sheaffer v. Commonwealth
Opinion of the Court
Opinion by
Andrew Sheaffer, a claimant and the appellant in this unemployment compensation case, was employed
After April 11, 1973 the claimant furnished a number of doctor’s certificates and statements. One, dated May 16, 1973, seems to state that the claimant was
The referee found as a fact that “[t]he claimant left work on March 25, 1973, and notified his employer that he was ill.” He additionally found, however, that the claimant failed to notify the employer of the reason for his continued absence for fifteen consecutive days and, hence, had violated the quoted rule. The referee concluded, therefore, that the claimant was ineligible for unemployment compensation because his discharge was for wilful misconduct within the meaning of Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P. L. (1987) 2897, as amended, 48 P.S. §802(e). The Board of Review affirmed.
Our careful examination of the record l’aiis to disclose any support whatsoever for the finding which the referee seems to have made that the claimant notified the employer of his illness when he finished his shift on March 25, 1973. The record, however, does support the finding which the referee also seems to have made that the claimant failed to report his illness thereafter until April 11, 1978, a date seventeen days after he last worked and sixteen days after he failed to report at the next scheduled shift on March 26, 1973.
Counsel for the Board of Review has suggested that we should remand the record for review, findings and
The work rule on which the claimant’s determination was based provides that an employe absent on account of illness must notify the employer of this fact within seven days. The referee seems to have found, upon what evidence we are unable to ascertain, that such notification was given. If this happened, the further question under the rule would then be whether the claimant complied with its additional requirement that he keep the personnel office informed in writing of his further intentions. In this connection, we note that the termination notice is dated April 9, 1973, only fourteen days after March 26, 1973, when the claimant was first absent from work.
Counsel for the Board of Review has also pointed out that the claimant filed his application for compensation on May 3, 1973, only four days after April 29, 1973, the date on which the claimant’s physician thought that the claimant was too ill to do other than sedentary work, thus indicating a question of the claimant’s availability for work under Section 401(d) of the Law, 43 P.S. §801 (d).
Order
And Now, this 4th day of September, 1974, the record is remanded to the Unemployment Compensation Board of Review for findings consistent with the record and a further determination of the appellant’s eligibility for benefits.
The doctor diagnosed congestive heart failure as among the iiuiesses suffered by the claimant during April, 1973.
Reference
- Full Case Name
- Andrew Sheaffer v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 1 case
- Status
- Published