Avis C. Daniels v. Unemployment Compensation Act, Administrator et al. (2011)

MEMORANDUM OF DECISION RE MOTION FOR JUDGMENT

The court has reviewed the record certified to it by the Board of Review, the defendant's motion for judgment, the plaintiff's pleadings, and has considered all of his submissions and arguments.   The plaintiff did not appear at oral argument.

The court has no authority to find facts in an unemployment compensation appeal hearing.   It is limited to reviewing the records certified to it by the Board of Review.   Credibility of witnesses is evaluated at the administrative level and not in this court hearing.

The Board of Review determined that the claimant, Avis C. Daniels was ineligible to receive benefits because she was disqualified, insofar as she was not genuinely exposed to the labor market due to her very limited work search.   The finding was during an eleven-week period she contacted only one employer per week.   This they held was a minimal work search that did not establish that the claimant was genuinely attached to the labor market, and they concluded she was neither available for work, nor making reasonable efforts to find work.

The decision of the Board of Review follows reasonably from the facts found and correctly applies the law to those facts.   The decision is not arbitrary, capricious or contrary to law.   The decision is affirmed and the defendant's motion for judgment # 101.00 dated July 27, 2010 is. granted.

The appeal is dismissed.

BY THE COURT

EDWARD R. KARAZAN

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.