Opinion
Argued November 2, 1978
January 2, 1979.
Unemployment compensation — Substantial evidence — Wilful misconduct — Able and available to work — Failure to report to employment office — Alcoholism.
1. Findings of fact, supported by substantial evidence that an employe was discharged as the result of numerous absences due to alcoholism, that he was hospitalized for the treatment of his alcoholism and that subsequently he failed to report to the employment office as required, are sufficient to justify the denial of unemployment compensation benefits to such employe. [502]
Argued November 2, 1978, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three.
Appeals, Nos. 1373, 1414 and 1415 C.D. 1977, from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claim of Lawrence D. Shields, Nos. B-145692, B-145693 and B-145694.
Applications to the Bureau of Employment Security for unemployment compensation benefits. Applications denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
James D. Belliveau, with him Michael A. Nemec and William Fries, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.
The appellant, Lawrence D. Shields, was denied unemployment compensation benefits initially by the Bureau of Employment Security and by the referee and on appeal by the Unemployment Compensation Appeal Board because (1) the termination of his employment was caused by his own wilful misconduct, (2) he was not able and available for work, and (3) he failed to comply with the absence reporting requirements. The findings of fact which are supported by substantial evidence indicate that the appellant was discharged as the result of his numerous absences due to alcoholism, that he was later hospitalized for treatment of his alcoholism and that he subsequently failed to report to the employment office as required. These findings as a matter of law support the denial of unemployment compensation benefits. Mooney v. Unemployment Compensation Board of Review, 39 Pa. Commw. 404, 395 A.2d 675 (1978); Unemployment Compensation Board of Review v. Sanchez, 21 Pa. Commw. 353, 346 A.2d 390 (1975); Janick v. Unemployment Compensation Board of Review, 34 Pa. Commw. 441, 383 A.2d 973 (1978). The Board's denial of benefits must therefore be affirmed.
ORDER
AND NOW, this 2nd day of January, 1979, the orders of the Unemployment Compensation Appeal Board in the above-captioned matters are hereby affirmed.