
    ELVIRA CAPONE vs. CORNELIUS J. DANAHER, UNEMPLOYMENT COMPENSATION COMMISSIONER
    Superior Court New Haven County
    File No. 65008
    MEMORANDUM FILED JUNE 24, 1944.
    
      Charles L. Brooks, of New Haven, for the Claimant-appeh lant.
    
      Harry Silverstone, Assistant Attorney General, for the Appellee.
   MURPHY, J.

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

There 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.

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

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

She is accordingly entitled to the benefits under the Act.

The appeal is sustained.  