Ruth Garcia v. Administrator, Unemployment Compensation Act (2013)

MEMORANDUM OF DECISION

The court has reviewed the record certified to it by the Employment Security Board of Review (Board), and has considered both the plaintiff's and the defendant's submissions and arguments.

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.

In docket # CV125034425, the Board of Review determined that the claimant, Ruth Garcia, was ineligible to receive benefits because she committed wilful misconduct during the course of her employment.¹  Specifically, the claimant contacted clients against company policy and after she had been issued warnings not to contact clients directly.

In docket # CV 125034429, the Board determined that the claimant was disqualified from receiving benefits for the period of April 15, 2012 through June 2, 2012, because the record fails to reflect that she was able to work, available to work, and making reasonable efforts to obtain work.   Specifically, the Board determined that, among other reasons, based on a letter from her primary physician stating that she was not able to work, she could not be considered able and available for work.

The decision of the Board 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 Board's decision is affirmed.

The appeal is dismissed.

Mullins, J.

FOOTNOTES

FN1. With the exception of minor revisions, that do not affect this appeal, the Board adopted the findings of the referee..  FN1. With the exception of minor revisions, that do not affect this appeal, the Board adopted the findings of the referee.

Mullins, Raheem, J.