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Matter of the Claim of Cooper

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2003
305 A.D.2d 894 (N.Y. App. Div. 2003)

Opinion

92352

May 22, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 18, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Moen Thurston, Syracuse (Morgan R. Thurston of counsel), for appellant.

Before: Mercure, J.P., Crew III, Peters, Spain and Kane, JJ.


MEMORANDUM AND ORDER

Claimant had been employed as a service representative for an insurance agency when she notified the employer that a medical condition would prevent her from working for several weeks. She submitted a one-sentence statement from her physician containing the information that claimant would be out of work for approximately five weeks "due to medical reasons." The employer responded by sending claimant a form authorizing her physician to explain the reasons for her extended absence in greater detail. Claimant refused to grant this authorization based upon her disinclination to disclose the nature of her illness. In response, the employer discharged her. The Unemployment Insurance Appeal Board thereafter ruled that claimant had lost her employment due to disqualifying misconduct.

A refusal to provide documentation validating a claimant's need for an extended medical leave of absence may constitute disqualifying misconduct (see Matter of Petrillo [Sweeney], 224 A.D.2d 855, 855; see also Matter of Armbruster [Commissioner of Labor], 278 A.D.2d 726, 726-727). In the matter under review, the record discloses that claimant demanded a month-long leave of absence while refusing to supply the employer with even a general explanation as to the nature or extent of her physical disability. We conclude that substantial evidence supports the decision of the Board ruling that claimant's extended, unauthorized absence from her employment disqualified her from receiving benefits.

Mercure, J.P., Crew III, Peters, Spain and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Cooper

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2003
305 A.D.2d 894 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Cooper

Case Details

Full title:IN THE MATTER OF THE CLAIM OF DEBORAH M. COOPER, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 22, 2003

Citations

305 A.D.2d 894 (N.Y. App. Div. 2003)
758 N.Y.S.2d 858

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