Matter of Gallman (Commr. of Labor)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 2014, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant was discharged from her employment as a home health aid for an assisted living facility for sleeping on duty during her night shift, after having received a final warning advising her that such conduct could lead to her discharge. The Unemployment Insurance Appeal Board accepted claimant’s testimony, finding that she was entitled to unemployment insurance benefits as the evidence did not establish that she was…