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DC 200.8 Negligence

Click on the case numbers below to access decisions that consider a claimant's eligibility for benefits after being discharged for a negligent action.

0031 8875 66

0031 8875 66 (Feb. 5, 2020) The claimant mistakenly believed that she had properly requested time off from work electronically, and her employer discharged her for failing to show up to work for the days she thought she had off. She is not disqualified under G.L. c. 151A, § 25(e)(2), because the claimant did not have a disqualifying state of mind when she was absent for the days in question. 

0025 3567 20

0025 3567 20 (Jan. 14, 2019) – Although the claimant was told that she was scheduled to attend a training, and she did not attend the training or notify the employer that she was not going, she is not disqualified under G.L. c. 151A, § 25(e)(2), because the review examiner found that she simply forgot. Her misconduct was not deliberate.


BR-106310 (July 16, 2008) – Claimant’s failure to check a patient’s IV catheter was caused by negligence; it was not an intentional act.  Therefore, regardless of the gravity of her error, she is entitled to benefits under G.L. c. 151A, § 25(e)(2).

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