Clarence Hook v. Administrator of Unemployment Compensation (2011)

MEMORANDUM OF DECISION

STATEMENT OF THE CASE

This is an appeal by the plaintiff after a denial of unemployment benefits.   Initially, the Administrator denied the claim, that decision was affirmed by an Appeals Referee and the Board of Review proceeded to affirm the Administrator's decision.

The plaintiff did not file a motion to correct, nor any other pleading dealing with the findings of fact.

STANDARD OF REVIEW

In this case, the court does not treat it as a trial de novo and does not take evidence nor retry the facts.

The court is limited to a consideration of whether the decision is unreasonable, arbitrary, or illegal.

DISCUSSION

The plaintiff was involved in a motor vehicle accident on November 20, 2009.   He failed to report it immediately, as required by the employer.   In fact, it was not reported till December 29, 2009.

Then, on January 19, 2010, he had another accident which was not reported until the next day.   The 2009 episode had resulted in a written warning being issued.

On these uncontested facts, the prior decisions were appropriate.   The employer had a valid reason for wanting to receive prompt notice of accidents—its liability and exposure were factors.

Further, the plaintiff had been put on notice after the 2009 accident that a delay in reporting was serious.

CONCLUSION

The court must conclude that the plaintiff violated company policy willfully.   The appeal is dismissed.

Anthony V. DeMayo, J.T.R.

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