Andrews v. Commonwealth, Unemployment Compensation Board of Review
Andrews v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
The petitioner, Marcellous Andrews, seeks review of a decision of the Unemployment Compensation Board of Review (Board) denying him benefits because he was discharged for willful misconduct.
The petitioner contends that he properly reported his absence by calling the telephone number provided by the employer for such a purpose and that he had been unable to inform his immediate supervisor personally of his illness prior to leaving his place of work because that individual was unavailable at the time and the petitioner was too ill to wait for him to return or to search for him.
Our review of the record indicates that conflicting evidence was presented as to the procedures required by the employer here for reporting absences. The Board found, however, that the employer’s rules re
Similarly, the Board was faced with conflicting evidence when it found that the claimant had an opportunity to give direct notice to his superior, but failed to do so, not because he was too ill, but because he “just didn’t feel like it.” Here again, it was the Board’s role to resolve such a conflict and we have no basis on which to overrule it.
Finally, the petitioner maintains that he was actually discharged because he had used up all of his sick leave and not because he had failed to report his illness properly. Again, there was conflicting evidence on this issue, which the Board resolved in favor of the employer, and which we may not disturb.
It is well-settled that an employee who fails to report his illness in the manner prescribed by his em
We will affirm the order of the Board denying benefits.
Order
And Now, this 26th day of May, 1982, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.
Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
The Board had originally granted benefits but reversed itself after reconsideration was granted.
The Board also found that the petitioner had received a suspension on a prior occasion for leaving the job site without permission, and the petitioner argues that this finding cannot stand because it was supported solely by hearsay .testimony. Our review of the record, however, indicates that the petitioner himself stated that he knew he was supposed to inform his supervisor of his illness before leaving, so that his question as to other testimony is irrelevant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.