Gallagher v. STATE, UNEMPLOYMENT APPEALS COMMISSION

We are presented with the question of what circumstances justify the denial of unemployment benefits by the Unemployment Appeals Commission (“Commission”). We find that the Commission incorrectly denied appellant unemployment benefits, and we reinstate the decision of the referee.

The facts of the case as summarized by the referee, and adopted by the Commission, are as follows:

The claimant began working for the employer on March 14, 2008, as a delivery driver. The claimant’s shift started at 11:00 am. On March 18, 2008, the claimant was prepared to go to work when he discovered that his…