Friday, February 17, 2012

UC - willful misconduct - absenteeism, illness - last absence

Illness may constitute a good cause justification for excessive absenteeism. McKeesport, 625 A.2d at 114 (citing Green v. UCBR, 433 A.2d 587 (Pa. Cmwlth. 1981)).

Even where a history of absenteeism is present, where the final absence which precipitated claimant’s discharge was due to illness, a claimant is entitled to compensation benefits because the last absence “was the result of illness rather than willful misconduct.” Grace v. UCBR, 412 A.2d 1128, 1130 (Pa. Cmwlth. 1980) (quoting Tritex Sportswear, Inc. v. UCBR, 315 A.2d 322 (Pa. Cmwlth. 1974)).


This discussion appears in an unreported case published today in which the Court affirmed the Board's grant of benefits