MATTER OF HART


51 A.D.2d 1099 (1976)

In the Matter of the Claim of Vincent C. Hart, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 25, 1976


Claimant was scheduled to return from his vacation on August 19. His truck broke down in Florida on August 16, and claimant testified that he was unable to get it repaired until Monday, August 19. Claimant knew that he was required to call in if he was to be absent, and testified that he tried to call three or four times, but the lines were busy. Claimant made no further attempts to call, and arrived in New York on Wednesday, August 21. He reported to work on that day at...

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