In re the Claim of Chilelli

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 22, 2002, which ruled that claimant was entitled to receive unemployment insurance benefits.

On the last day of claimant’s employment, his behavior caused the employer to assume that he was intoxicated. Claimant’s offer to take a urinalysis test was declined and security officers were directed to remove him from the building. A note from claimant’s physician subsequently reported that he had been treated for a middle ear infection on the date in question, an illness which presumably accounted for his physical…