Carmen Ruiz v. Administrator, Unemployment Compensation Act et al (2010)

MEMORANDUM OF DECISION

STATEMENT OF THE CASE

This is an appeal of a decision denying unemployment compensation benefits.   The claimant's application was denied by the administrator and a referee concurred with that decision.   The Board of Review then adopted the referee's findings and affirmed that decision.

STANDARD OF REVIEW

This Court does not retry the factual questions decided nor hear new evidence.   The board's findings cannot be challenged unless the claimant files a timely motion to' correct.   There was no such motion filed here, leaving the court only to determine whether the decision appealed from is unreasonable, arbitrary or illegal.

DISCUSSION

The claimant here was found to have left employment voluntarily.   Where, as here, a medical condition is the alleged source of said termination, the claimant must show a medical reason for leaving her job (Record, p. 52) or has she demonstrated that prior to leaving she explored alternatives (Record, 44-46).   The reasons advanced for leaving the job, through compelling, were deemed “personal.”

CONCLUSION

The claimant left suitable employment without good cause and the appeal is dismissed.

Anthony V. DeMayo, J.T.R.

DeMayo, Anthony V., J.T.R.