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ROSE FOX v. COMMONWEALTH PENNSYLVANIA (12/12/78)

decided: December 12, 1978.

ROSE FOX, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Rose Fox, No. B-140764.

COUNSEL

Gary B. Vernick, with him Stephen G. Fox and Bernstein, Schlessinger & Fox, for petitioner.

Susan Shinkman, Assistant Attorney General, with her Gerald Gornish, Attorney General, for respondent.

Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 39 Pa. Commw. Page 166]

This is an appeal by Rose Fox (claimant) from a denial of unemployment compensation benefits by the Unemployment Compensation Board of Review (Board), pursuant to Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936,

[ 39 Pa. Commw. Page 167]

Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e), refusing benefits for discharge due to willful misconduct. We reverse.

Prior to claimant's discharge, she was employed as a transcription typist at the Albert Einstein Medical Center in Philadelphia, where she had worked since June, 1969. On or about April 29, 1976, claimant informed her supervisor, Dr. Schwartz, of her need to enter the hospital for in-patient testing. She was in the hospital from May 6 to May 13, 1976.

On May 20, 1976, Dr. Schwartz sent claimant a letter in which he complained of her continued absence and her prior poor attendance record. In the letter Dr. Schwartz also wrote:

I have discussed this problem with Mr. Schwab, Director of Personnel, and he suggests that if you are not medically able to work, verified by a letter from your physician, Dr. Young may authorize a six-month medical leave of absence.

On May 24, 1976, claimant visited her physician who advised her that she could return to work on July 1, 1976, and gave her a note to that effect. The next day claimant reported that advice to Dr. Schwartz in writing. In response, Dr. Schwartz wrote claimant a letter of termination, dated June 7, 1976.

Claimant then applied for unemployment compensation benefits, which were denied. Upon appeal, the Board ...


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