0073 6880 42
0073 6880 42 (July 29, 2022) – The employer denied the claimant’s request for a medical exemption to its mandatory COVID-19 vaccination policy, because her physician could not identify any a specific substance in the vaccines which she was allergic to. Given her history of severe allergic reactions to unknown substances, her physician advised against getting this or any other vaccine. Held the claimant’s medical reason for declining to comply with the policy constituted mitigating circumstances and she may not be disqualified for deliberate misconduct in wilful disregard of the employer’s interest. Held further that, because she was incapable of complying with the policy, she could not be disqualified for a knowing violation of a reasonable and uniformly enforced policy. The claimant was eligible for benefits pursuant to G.L. c. 151A, § 25(e)(2).