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QUINN UNEMPLOYMENT COMPENSATION CASE. (03/21/62)

March 21, 1962

QUINN UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 18, Feb.T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-64225, in re claim of Eugene M. Quinn. Decision affirmed.

COUNSEL

Harry P. O'Neill, Jr., for appellant.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).

Author: Ervin

[ 197 Pa. Super. Page 347]

OPINION BY ERVIN, J.

In this unemployment compensation case the bureau, the referee and the board of review all concluded that the appellant's unemployment was due to his being discharged for willful misconduct connected with his work, under § 402(e) of the Unemployment Compensation Law, 43 PS § 802(e).

Appellant had been a chronic absentee and had been suspended on two occasions for ex-essive absenteeism suspended on two occasions for excessive absenteeism reinstated to his job through the intervention of his union and was instructed that future absenteeism would not be condoned.

[ 197 Pa. Super. Page 348]

June 6, 1960 was the first day of work after a strike which had occurred in the employer's plant and which had been settled on Saturday, June 4. On June 6 the appellant reported for work at 7:30 in the morning and at 8 a.m. came to his supervisor and stated that he didn't feel well and wanted to go home. The supervisor asked him whether he was under a doctor's care and he told him that he was under the care of Dr. Moylan and produced pills that the doctor had prescribed for him. He indicated that he had a sick stomach and trouble with his nerves. The supervisor reminded him that he had refused to be examined by the company doctor but gave him permission to leave work and go home, with the suggestion that he contact a specialist to further diagnose his trouble.

On June 7, 8, 9 and 10 appellant was absent from work; on June 14 he reported to work but went home early; June 15 and 16 he did not work and on June 17 he reported off work; on June 20, 21, 22 and 23 he worked; June 24 he was off and June 27 and 28 he reported off. He was discharged on June 28, 1960 for excessive absenteeism. He did not see a specialist as suggested by his supervisor. The appellant admitted that some time after the strike was settled the supervisor requested him to see the company doctor but he stated that he did not do so because Mr. Warren of the union advised him not to do so.

We are convinced from a reading of this entire record that the appellant's last absences were caused by an illness from which he claimed to be suffering and we are also convinced that he gave notice to the company of his illness. If these were all the facts in the case we would feel obliged to reverse the decision of the board. In Flynn Unemployment Compensation Case, 174 Pa. Superior Ct. 71, 98 A.2d 490, we clearly ...


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