72 A.D.2d 867 | N.Y. App. Div. | 1979
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 4, 1978, which affirmed the decision of a referee sustaining initial determinations of the Industrial Commissioner holding claimant ineligible to receive benefits, effective March 6, 1978 through April 9, 1978, on the ground that he failed to comply with registration requirements, and effective April 10, 1978, on the ground that he did not file a valid original claim in that he did not have sufficient weeks of covered employment in his base period. Claimant last worked for his employer on July 6, 1977. On July 7, 1977, he suffered a heart attack and was hospitalized. He subsequently suffered another heart attack and eventually underwent open heart surgery. On March 6, 1978, claimant was advised by his physician that he was able to return to work. On that date he informed his employer that he was able to return to work. While claimant was disabled, his employer continually assured him that he could return to his job when his disability ended. In March, 1978, when claimant spoke to his employer, the employer requested that claimant produce medical certification of his ability to return to work. On April 14, 1978, claimant produced such certification and was then informed by his