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BRENDA BAILLIE v. COMMONWEALTH PENNSYLVANIA (05/06/80)

decided: May 6, 1980.

BRENDA BAILLIE, 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 Brenda Baillie, No. B-163129.

COUNSEL

F. L. Guiliano, Feeney & Guiliano, for petitioner.

William J. Kennedy, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Wilkinson, Jr., Mencer and Craig, sitting as a panel of three. Opinion by Judge Mencer. President Judge Bowman did not participate in the decision in this case.

Author: Mencer

[ 51 Pa. Commw. Page 182]

Brenda Baillie (claimant) appeals an order of the Unemployment Compensation Board of Review (Board) denying her benefits because of willful misconduct, pursuant to Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e). We remand because of inadequate findings of fact.

The Board's findings were as follows:

1. Claimant was last employed by F. Melvin's, Incorporated as an office worker at $89.00 per week. She was employed from August 9, 1977 to March 28, 1978. Claimant worked three (3) days per week.

3. On March 29, 1978 claimant's stepfather died, which necessitated her absence from work. She had expected to return to work on or about April 4, 1978.

4. Claimant's mother is quite ill and her physician advised that someone be with her at all times.

5. On April 3, 1978 claimant contacted her employer by telephone and advised him of the problem with her mother and requested additional time off so that she could be with her.

[ 51 Pa. Commw. Page 1836]

. Claimant was not scheduled to work on April 3, 1978; she took her mother to the doctor's on this date. She then had to take her mother to ...


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