32 Pa. Commw. 270 | Pa. Commw. Ct. | 1977
Opinion by
Unemployment compensation claimant Robert D. Martin (Claimant) has appealed to us from the decision of the Unemployment Compensation Board of Review affirming the referee’s denial of benefits under Section 402(b)(1) of the Unemployment Compensation Law
Claimant was employed by Industrial Sanitation in Reading, Pennsylvania, when he suffered a work-related injury to his back on August 1, 1975. He began collecting workmen’s compensation benefits and took a leave of absence from work. On Wednesday,
The question therefore is whether the employe voluntarily terminated his employment or was fired or, in Claimant’s words, was “phased out” of his job. Our careful study of the entire record, particularly the parties’ statements before the referee, leads us to hold that the facts do not support the referee’s and the Board’s conclusion' that Claimant voluntarily chose not to return to work., "We have held that an unauthorized absenteeism, while' it may constitute just cause for dismissal, is not tantamount to a resigna
Accordingly, we
Order
And Now, this 26th day of October, 1977, the decision of the Unemployment Compensation Board of Review denying benefits to Robert D. Martin is reversed and benefits are awarded. The record is remanded to the Board-for computation of benefits consistent with this opinion.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937 ) 2897, as amended, 43 P.S. §802(b) (1).