Opinion
October 31, 1967
Appeal by claimant from a decision of the Unemployment Insurance Appeal Board which upon reopening and reconsideration adhered to its original decisions. Claimant was found to be ineligible for benefits because she voluntarily left her employment without good cause. Claimant worked for employer for nearly three years as a teller. On December 24, 1964 she was involved in an automobile accident and injured. On the next working day the bank was advised that she would be out one week. The following Monday, Mr. Darcy, a vice-president of employer bank, called claimant's home, asked about claimant and was advised that she was at the doctor's. He requested that she return his call. Mr. Darcy called again the next day and was told claimant was out with the insurance adjuster. He again requested that she call him. The bank had a handbook which included rules which required an absent employee or someone on his behalf to periodically advise the bank concerning the ill employee. Failing to receive a call from claimant, her employment was terminated. Claimant contends that she did not leave her employment voluntarily. She acknowledged that she was asked to return Mr. Darcy's call the first day, but returned too late. The next day she states that no such message was given and that all he wanted to know was whether she wanted disability forms. Claimant had been out of work previously for an extended time and concedes that the bank was to be kept informed during periods of absence. Upon receiving the letter which notified her of her termination, claimant did nothing. In fact, she later wrote to the bank resigning. At most, we are presented with a factual question which is for the board's determination. Since this determination is supported by substantial evidence, it must be sustained. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Aulisi, J.