Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Aloysius G. Glasser, No. B-146826-B.
John Stember, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Edward G. Biester, Jr., Acting Attorney General, for respondent.
Judges Crumlish, Jr., Mencer and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
Aloysius Glasser's compensation claim was denied by the Unemployment Compensation Board of Review (UCBR) which found that his failure to report for a medical examination scheduled by his employer, Westinghouse Electric Corporation, was willful misconduct, a disqualification under Section 402(e) of the Unemployment Compensation Law (Act),*fn1 43 P.S. § 802(e).
Glasser appeals to us, arguing that Westinghouse was notified that he would be unable to attend the examination and hence his failure to personally apprise
Westinghouse did not constitute willful misconduct.
We agree with Glasser and reverse UCBR.
Glasser was disabled in a work-related incident at Westinghouse in March, 1976, and was retained on its "active rolls" although he was unable to work.*fn2 On January 21, 1977, and February 1, 1977, Westinghouse sent letters to Glasser's home requesting that he report to its medical department for a physical examination. He was advised that failure to report would result in his termination. Glasser was incarcerated from December 10, 1976, through February 14, 1977, and while he was so occupied the letters were received by his wife. Glasser was made aware of the letters' content but he did not personally reply to either letter.
It was stipulated that, when the second letter arrived, Glasser's wife notified Westinghouse by telephone that her husband would be unable to attend the medical examination as scheduled, offering his back condition as the excuse. She ...