Rothlein v. UCBR – Cmwlth. Court – 2-24-23 – unreported memorandum opinion**
https://www.pacourts.us/assets/opinions/Commonwealth/out/1102CD20_2-24-23.pdf?cb=1
Held: Claimant disqualified for willful misconduct for failure to report his absences due to illness.
From the opinion:
The employer bears the burden of proving that the claimant committed willful misconduct. Grand Sport Auto Body v. UCBR., 55 A.3d 186, 190 (Pa. Cmwlth. 2012) (en banc) (citing Docherty v. UCBR., 898 A.2d 1205, 1208 (Pa. Cmwlth. 2006)).
If the employer satisfies this initial hurdle, the burden shifts to the claimant to establish good cause for his or her actions. Id. (citing McKeesport Hosp. v. UCBR, 625 A.2d 112, 114 (Pa. Cmwlth. 1993)). Good cause exists where the claimant’s actions “are justifiable and reasonable under the circumstances.” Id. (quoting Docherty, 898 A.2d at 1208-09).
Illness is a good cause defense to willful misconduct due to absenteeism. Owens v. UCBR, 748 A.2d 794, 798 (Pa. Cmwlth. 2000) (citing McKeesport Hosp., 625 A.2d at 114).
A claimant’s illness will not establish good cause, however, where the claimant fails to properly report his or her absences. See Schlappich v. UCBR., 485 A.2d 855, 857 (Pa. Cmwlth. 1984) (citing Manatawny Manor v. UCBR, 401 A.2d 424 (Pa. Cmwlth. 1979)); Gelles v. UCBR, 452 A.2d 91, 92 (Pa. Cmwlth. 1982) (citing Gochenauer v. UCBR., 429 A.2d 1246, 1248 (Pa. Cmwlth. 1981)).
In this matter, . . .although Claimant may have missed work due to illness, Employer’s documentation reveals that he failed to demonstrate good cause, because he did not report many of his absences.10 See Schlappich, 485 A.2d at 857 (citing Manatawny Manor, 401 A.2d 424).
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** An unreported decision of the Commonwealth Court can be cited “for its persuasive value, but not as binding precedent” under 210 Pa. Code 69.414 (citing judicial opinions in filings).
