MATTER OF CABRERA


50 A.D.2d 986 (1975)

In the Matter of the Claim of Felix Cabrera, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 18, 1975


Claimant, an elevator operator in an apartment house, had been previously warned orally and in writing, in both English and Spanish, about his absenteeism and failure to notify his employer. Although claimant alleged that he was sick on the day in question and tried to call his employer, no medical testimony was presented to support that contention. Claimant's continued absence without a compelling reason, after warning by his employer, is substantial evidence of misconduct...

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