No. 410 January Term, 1979, Appeal from the Order of the Commonwealth Court of Pennsylvania, No. 352 C.D. 1978, Dated May 10, 1979, which affirmed the Order of the Unemployment Compensation Board of Review, Appeal No. B-77-1-D-1125, Decision No. B-152742, Dated January 13, 1978
Harold I. Goodman, Alan L. Phillips, Philadelphia, for appellant.
Richard Wagner, Asst. Atty. Gen., Francine Ostrousky, Asst. Atty. Gen., for appellee.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ. Hutchinson, J., filed a dissenting opinion, in which Nix and McDermott, JJ., joined.
Appellant Dolores LeGare was terminated from employment with the University of Pennsylvania after eleven years with that employer. She then applied for and was denied unemployment compensation benefits by the Bureau of Employment Security*fn1 on the grounds of willful misconduct under Section 402(e) of the Unemployment Compensation
Law, 43 P.S. § 802(e) (1964). Following a hearing on September 19, 1977, an unemployment compensation referee affirmed that denial and agreed with the Bureau's determination of willful misconduct. That determination was appealed to the Unemployment Compensation Board of Review (the Board), appellee, which after oral argument affirmed the referee based upon the following findings of fact (taken verbatim from those of the referee):
2. Claimant reported off sick subsequent to June 13, 1977.
3. Since the employer did not receive conclusive medical information regarding claimant's condition and expected duration of same, on July 20, 1977, a letter was sent to the claimant wherein she was informed that she had been placed on suspension without pay from July 25 to August 15, 1977.
4. During this period, claimant was expected to report to the Health Evaluation Center for a physical examination to determine the status of her health condition.
5. Claimant was further advised that failure to comply with this requirement, would result ...