AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of WINSTON HELWIG, Appellant. THOMAS F. HARTNETT, as Commissioner of Labor, Respondent.

Although claimant knew that the proper procedure when he would be absent from work was to call in and inform his supervisor, the record supports the conclusion that claimant failed to do this for a number of days. To the extent that the testimony was conflicting, this created only a question of credibility which is within the exclusive province of the Unemployment Insurance Appeal Board (see, Matter of Padilla [Roberts], 113 A.D.2d 997). It has been held that unreported absences from work constitute misconduct warranting the employee's disqualification from receiving unemployment insurance benefits (see, Matter of Michelfelder [Ross], 80 A.D.2d 969; Matter of Rossano [Levine], 52 A.D.2d 1006). Finally, the Board properly found that the overpayments made to claimant are recoverable (see, Matter of Barber [Roberts], 121 A.D.2d 767, 769; Matter of Easy [Roberts], 112 A.D.2d 573).

Decision affirmed, without costs. Mahoney, P.J., Weiss, Yesawich, Jr., Crew III, and Harvey, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF HELWIG
(Feb 7, 1991)