NEW YORK UNEMPLOYMENT INSURANCE - DISABILITY AND CLAIMANTS

With respect to misconduct, I first note that the DOL has taken the position that a false statement on an employment application made to conceal an illness or disability (epilepsy) constitutes misconduct.

"Index 1150-A2

NEW YORK STATE DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE DIVISION
ADJUDICATION SERVICES OFFICE

May 10, 1971

INTERPRETATION SERVICE -BENEFIT CLAIMS
MISCONDUCT
Falsification of employment application

Appeal Board Decision 162,012

CONCEALMENT OF ILLNESS AT TIME OF HIRE

A false statement on an employment application made to conceal an illness or disability (epilepsy) constitutes misconduct.

Referee's decision: The initial determinations of the local office disqualifying claimant from receiving benefits effective August 6, 1970, because he lost his employment due to misconduct in connection with his employment and, in the alter- native, because he voluntarily left his employment without good cause by provoking his discharge, remain in effect because the claimant failed to request a hearing thereon within the statutory period.

Appealed by: Claimant

Findings of fact: Claimant, a tester desk man, worked for a public utility from February 16 through August 5, 1970. Prior to being hired, claimant executed a pre-placement medical questionnaire in which he stated, among other things, that he never had epilepsy. He certified thereon that his answers were true. In sub- mitting the subsequent employment application, claimant agreed that any false statement, misrepresentation or failure to disclose pertinent information made at any time during the employment procedure may be sufficient to result in his dismissal. On July 13, 1970, claimant became ill and was taken to the employer's medical department. On the following day, he admitted that his illness resulted from an epileptic seizure and that he has had epilepsy for many years. Claimant was discharged because of the false answer in his medical questionnaire.

Claimant filed an original claim for benefits effective August l0, 1970. On September 9, 1970, the local office mailed to claimant the initial determinations herein. Al though claimant did not immediately read the instructions regarding the request for a hearing he did so about two weeks later. On September 23, 1970, claimant appeared at the local office and requested a hearing.

Opinion: The credible evidence establishes that claimant made a request for a hearing on September 23, 1970, when he appeared at the local office. Such request was made within the period prescribed by the statute and was timely. Accordingly we must consider the merits of the initial determinations issued herein. The evidence establishes that claimant submitted false medical information in connection with his application for employment. Admittedly he concealed the fact that he had suffered from epilepsy for many years. His reason for doing so, i. e. in the past, whenever he told tile truth he was not hired, does not justify such concealment. Falsification of his application for employment constituted misconduct in connection with his employment.

Decision: The initial determination of the local office disqualifying claimant from receiving benefits effective August 1910, because he lost his employment due to misconduct in connection with his employment is sustained.

The decision of the referee is reversed. (February 16,1971)."