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SOPHIE BAJOR v. COMMONWEALTH PENNSYLVANIA (08/31/78)

decided: August 31, 1978.

SOPHIE BAJOR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; NORTHEASTERN HOSPITAL, INTERVENING RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Sophie Bajor, No. B-125918-B.

COUNSEL

Taylor Aspinwall, with her Harold I. Goodman and Edward Sparkman, for petitioner.

James T. Lynn, III, with him Obermayer, Rebmann, Maxwell & Hippel, for intervening respondent.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 37 Pa. Commw. Page 402]

This is an appeal by Sophie Bajor (claimant) from an order of the Unemployment Compensation Board of Review (Board) affirming the referee's denial of benefits for willful misconduct under Section 402(e) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e). We affirm.

Undisputed facts reveal that claimant had been employed approximately three years at Northeastern Hospital (Northeastern) as a nurse's aid. Following work on September 20, 1974, she became ill and was unable to work as scheduled between September 23 and 27. Northeastern was properly notified each day

[ 37 Pa. Commw. Page 403]

    of her absence. September 27 was claimant's last day of sick leave.

It was Northeastern's established policy, when an employee had exhausted his sick leave, to require that he report to work or request a leave of absence and submit a doctor's explanation of the reason for the absence. Claimant testified that she understood this policy, and the record shows that she had been on a leave of absence due to illness within the past year. Furthermore, on September 27, 1974, in telephone conversations with two Northeastern personnel officials, she was specifically reminded of this requirement and warned that a failure could lead to her termination.

The Board's findings of fact, which are supported by substantial evidence, indicate the events leading to claimant's discharge:

4. On September 27, 1974, claimant was in contact with the Director of Auxiliary Personnel and was informed to bring in a Doctor's Certificate or report for work on ...


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