Decision 11501

Case Number Claimant Judge Language Decision date
Decision 11501   McNair  English 1986-01-10
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits  otherwise available 

Summary:

Gave notice to employer he would leave on vacation next day. Leave denied but nevertheless took it. Injured his knee following day. Evidence of incapacity. Did not change his vacation plans. I agree he was not otherwise available under 25(b).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  unauthorized leave of absence 

Summary:

Gave notice to employer he would leave one month on vacation. Leave denied but he nevertheless left on vacation. The jurisprudence supports this conclusion: tantamount to voluntary leaving. There are no extenuating circumstances to reduce the maximum 6 weeks.


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