YERGER v. UN. COMP. BD. OF REV.

No. 1475 C.D. 1982.

73 Pa.Commw. 278 (1983)

Mark A. Yerger, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

April 6, 1983.


Attorney(s) appearing for the Case

Mark A. Yerger, petitioner, for himself.

Joel G. Cavicchia, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Submitted on briefs March 3, 1983, to Judges ROGERS, CRAIG and DOYLE, sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 6, 1983:

In this appeal from a denial of unemployment compensation benefits on the ground of willful misconduct, for failure to report continued absence after warnings to do so, the claimant relies primarily upon the fact, as confirmed in a finding by the Board, that his final absence was due to illness.

However, the record also supports the board's finding that a physician had certified the claimant to return to work earlier...

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