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SAMUEL DEVINE v. COMMONWEALTH PENNSYLVANIA (05/29/81)

decided: May 29, 1981.

SAMUEL DEVINE, 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 Samuel Devine, No. B-179696.

COUNSEL

Beverly L. Diego, for petitioner.

Francine Ostrovsky, Assistant Attorney General, with her Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

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

Author: Mencer

[ 59 Pa. Commw. Page 319]

This is an appeal by Samuel Devine (claimant) from an order of the Unemployment Compensation Board of Review (Board). The Board ruled that the claimant was ineligible for unemployment compensation benefits 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).

In support of its order, the Board adopted the following findings of fact made by its referee:

2. The claimant, on July 5, 1979, was placed on an indefinite suspension because of a confrontation with his superior.

[ 59 Pa. Commw. Page 3203]

. There was a meeting between management, claimant and a union representative on July 13, 1979, at which time it was agreed that the claimant would seek medical help and submit a doctor's certification necessary for the insurance carrier of the employer to cover a paid leave of absence for the claimant.

4. The claimant was provided with a sick and accident claim form on July 16, 1979, to take to his physician and return signed by the physician and himself within twenty days.

5. The claimant returned the sick and accident claim form on July 17, 1979, which indicated that his ailment was job related; however, said information was placed on an incorrect form and the company ...


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