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PAUL J. BOGAN v. COMMONWEALTH PENNSYLVANIA (07/16/82)

decided: July 16, 1982.

PAUL J. BOGAN, 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 Paul J. Bogan, No. B-192704.

COUNSEL

Stephen C. Sholder, Legal Intern, with him Jose A. Gomez, for petitioner.

Steven J. Neary, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 67 Pa. Commw. Page 463]

This is the appeal of Paul J. Bogan from the denial of his claim for unemployment compensation benefits by the Bureau of Employment Security, an unemployment compensation referee, and the Unemployment Compensation Board of Review on the ground that his discharge from twenty-eight years of employment with PPG Industries was the result of his disqualifying willful misconduct within the meaning of Section 402(e) of the Pennsylvania Unemployment Compensation Law.*fn1

Mr. Bogan was notified of his discharge by letter dated June 2, 1980, in which the reason for this action was described as "excessive absenteeism" and the particular infraction of the employer's rules and directives relied on by the employer is recounted as follows:

By a certified letter on May 20, 1980, you were requested to provide documentation from a doctor stating in detail the medical necessity for your absence from work since April 23, 1980. You were informed that failure to submit this documentation within two days of your receipt of the letter would result in your termination. A return receipt signed by you shows that you received the letter on May 21, 1980.

No action was taken against you after the expiration of the two day deadline because I was

[ 67 Pa. Commw. Page 464]

    informed that your doctor would be submitting a statement the week of May 26, 1980. However, no statement has been received.

The factual findings of the Board related to this charge are as follows:

10. The employer sent a letter to the claimant on May 12, 1980 requesting that he provide a statement from the doctor to substantiate this absence ...


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