Trotta v. Department of Employment Security

STEWART, Justice:

Neil Trotta, the claimant in the proceedings below, appeals from a denial of unemployment benefits. The Industrial Commission Board of Review, Department of Employment Security, reversed the appeals referee on a two to one vote, ruling that Trotta’s unexcused absence from work jus*1197tified denial of unemployment benefits under U.C.A., 1953, § 35-4-5(b)(l) (1981 Supp.). We vacate that decision and remand for reconsideration in light of this opinion.

On August 12, 1981, Trotta was hired by the Fisher Company as a fiberglass lamina-tor. During a previous employment with Fisher, his…