Nadine Vozza v. Administrator, Unemployment Compensation Act (2010)

MEMORANDUM OF DECISION

The Board and Referee found that the plaintiff was discharged after the employer found that the plaintiff on two separate occasions called pharmacies and ordered a narcotic prescription for a friend under the name of Ernest Vozza so the friend could secure the medication “without paying for it because it would be paid by the insurance company for Ernest Vozza, even though he was not receiving the medication and without a doctor's authorization as required by law.”

The court in hearing the appeal does not do so de novo.   The court may not retry the facts nor hear evidence.  United Parcel Services, Inc. v. Administrator, 209 Conn. 381, 385 (1988).   The finding by the Board of Review that the claimant was discharged for willful misconduct in the course of her employment when she on two separate occasions called for prescription drugs without authorization must stand.

The court has no alternative but to dismiss the plaintiff Nadine Vozza's appeal.

Robert I. Berdon

Judge Trial Referee

Berdon, Robert I., J.T.R.