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THOMAS MOONEY v. COMMONWEALTH PENNSYLVANIA (12/26/78)

decided: December 26, 1978.

THOMAS MOONEY, 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 Thomas Mooney, No. B-142807.

COUNSEL

Richard P. Perna, for petitioner.

Reese Couch, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

Judges Mencer, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 39 Pa. Commw. Page 405]

Thomas Mooney (claimant), an alcoholic employed as a janitor by the Diagnostic and Rehabilitation Center of Philadelphia, began drinking after work on Friday, December 12, 1975. He continued to drink throughout the weekend, eventually falling into an alcoholic stupor. As a result, he failed to report for work on Monday morning, December 15. His supervisor visited him at home on several occasions during the rest of the week, ordering claimant to "sleep it off and come in in the morning and go to work." Finding claimant still intoxicated on Friday, the supervisor discharged him.

Claimant's application for unemployment compensation was eventually denied by the Unemployment Compensation Board of Review (Board) on the basis that claimant was unemployed "through his own fault" and therefore ineligible under Section 3 of the Unemployment Compensation Law, Act of December

[ 39 Pa. Commw. Page 4065]

, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 752. In its adjudication, the Board made the following findings of fact:

2. The claimant has suffered from a disease known as Chronic Alcoholism for the better part of his adult life.

4. One of the symptoms of the claimant's disease is that sometimes the claimant slumps into an alcoholic stupor sometimes lasting for days, during which time the claimant loses both a sense of time and reality.

7. The claimant had been in and out of treatment for his illness for several years and had rehabilitated to an extent.

8. The claimant knew, however, that the only true cure was to completely abstain from the ...


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