IN RE: the Claim of Henry A. CHOWANIEC (1999)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 6, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

 Claimant was discharged from his employment as a truck driver after he refused to pick up a load in New York City in violation of the employer's policy.   Claimant maintained that he feared for his safety due to a prior incident in New York City wherein he was awakened by individuals trying to enter his truck during the night while claimant was asleep in the cab.   Although frightened, claimant drove away without injury.   While a reasonable fear for one's physical safety may constitute good cause for refusing employment (see, Matter of Tosto [Commissioner of Labor], 249 A.D.2d 672, 673, 671 N.Y.S.2d 171, 172), here, claimant refused the assignment without inquiring into the particulars of the New York City pick up in order to assess whether his fears were justified or if his safety would be jeopardized.   Under these circumstances, substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant lost his employment under disqualifying circumstances (see, Matter of Kaufman [Hudacs], 196 A.D.2d 914, 602 N.Y.S.2d 226;  Matter of Ollinger [Hartnett], 176 A.D.2d 433, 574 N.Y.S.2d 426).   To the extent that claimant's remaining contentions are properly before us, we find them to be without merit.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.