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13 Conn. Super. Ct. 32

Capone v. Danaher

Connecticut Superior Court

Decided June 24, 1944

Connecticut Superior Court · decided 1944-06-24

Decided 1944-06-24

¶1In the finding of facts, the commissioner finds that the claimant "aside from her pregnant condition, has been physically and mentally able to work."

¶2There is no evidence to support the finding that her unemployment was due to pregnancy. That was an excuse used by the employer as a reason for discharging her.

¶3The doctor's certificate indicates that on January 3, 1944, she was able to return to work and though pregnant was not disabled from working.

¶4The last sentence in paragraph 3 of the finding of facts is corrected to read: "During this period the claimant has been physically and mentally able to work and available for work, notwithstanding her pregnancy."

¶5 She is accordingly entitled to the benefits under the Act.

¶6The appeal is sustained.

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