The Pennsylvania Commonwealth Court affirmed the Unemployment Compensation Board of Review’s order affirming a Referee’s decision that denied unemployment compensation benefits after the claimant was fired for failing a drug test. The claimant made a timely hearsay objection to the admittance into evidence of the lab report from his failed drug test. The referee overruled the objection and admitted the evidence. The Commonwealth Court agreed with the claimant that the objection should have been sustained. But the Court found that the claimant’s admission in a questionnaire that he “did fail the drug test” was sufficient evidence to support the referee’s ultimate ruling.
