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DLLR's Unemployment Insurance Appeals

 

Decision Number 1076-BR-85 -  Voluntary Quit - Section 8-1001 - Maryland Unemployment Decisions Digest

 

BOARD OF APPEALS

DECISION

DECISION NO: 1079-BR-91
DATE: August 30, 1991
 
CLAIMANT: Ronald Washington APPEAL NO.: 9109153
 
EMPLOYER: University of Maryland
Medical System Personnel Department
L.O. NO: 1
 
APPELLANT: Claimant

Issue: Whether the claimant left work voluntarily, without good cause, within the meaning of Section 6(a) of the law.

- NOTICE OF RIGHT OF APPEAL TO COURT -

YOU MAY FILE AN APPEAL FROM THIS DECISION IN ACCORDANCE WITH THE LAWS OF MARYLAND. THE APPEAL MAY BE TAKEN IN PERSON OR THROUGH AN ATTORNEY IN THE CIRCUIT COURT OF BALTIMORE CITY, IF YOU RESIDE IN BALTIMORE CITY, OR THE CIRCUIT COURT OF THE COUNTY IN MARYLAND IN WHICH YOU RESIDE.

THE PERIOD FOR FILING AN APPEAL EXPIRES September 29, 1991

APPEARANCES

For the Claimant: For the Employer:

REVIEW OF THE RECORD

Upon review of the record of this case, the Board of Appeals reverses the decision of the Hearing Examiner.

The Hearing Examiner found that the claimant had serious, documented medical reasons for leaving the job. The claimant was penalized, however, because he did not pursue "all reasonable alternatives" before quitting. The only alternative mentioned, however, was an unpaid leave of absence. The Board has ruled in the past, however, that an unpaid leave of absence for an indefinite period of time is not a reasonable alternative within the meaning of Section 6(a) of the law. Since the claimant had no reasonable alternative, he did have "valid circumstances," and a reduced penalty is appropriate.

This does not affect the claimant's penalty under Section 4(c) of the law.

DECISION

The claimant left work voluntarily, without good cause but for valid circumstances, within the meaning of Section 6(a) of the Maryland Unemployment Insurance Law. He is disqualified from receiving benefits for the week beginning April 14, 1991 and the four weeks immediately following.

The decision of the Hearing Examiner is reversed.

Thomas W. Keech, Chairman
Donna P. Watts, Associate Member

K:HW
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COPIES MAILED TO:

CLAIMANT
EMPLOYER
UNEMPLOYMENT INSURANCE - BALTIMORE

 

 

LOWER APPEALS

DECISION

Date Mailed: 7/12/91
 
CLAIMANT: Ronald W. Washington APPEAL NO.: 9109153
 
EMPLOYER: University of Maryland
Medical System Personnel Dept.
L.O. NO: 001
 
APPELLANT: Claimant

Issue: Whether the unemployment of the claimant was due to leaving work voluntarily, without good cause, within the meaning of Section 6(a) of the law.

-NOTICE OF RIGHT TO PETITION FOR REVIEW-

ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A REVIEW AND SUCH PETITION FOR REVIEW MAY BE FILED IN ANY OFFICE OF THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT, OR WITH THE APPEALS DIVISION, ROOM 515, 1100 NORTH EUTAW STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON OR BY MAIL.

THE PERIOD FOR FILING A PETITION FOR REVIEW EXPIRES AT MIDMIGHT ON July 29, 1991.

APPEARANCES

For the Claimant:
Claimant - Present
For the Employer:
Joanne Williams, Employee Relations
Specialist

FINDINGS OF FACT

The claimant worked for the employer from November 17, 1989 through April 20, 1991. He was employed as a nursing assistant and earned $6.50 per hour, part-time.

The claimant resigned on or about April 20, 1991 for personal reasons. The claimant voluntarily separated from his employment because he had a sick mother in Florida. In addition, the claimant himself was having difficulty with his medication which he take to control a medical condition.

The claimant testified that family relatives in Florida requested that he return to care for his mother. However, the claimant did not provide medical documentation which stated that the claimant was need in Florida pursuant to a doctor's orders. The claimant also stated that he is on the medication AZT and that the medication was making him sickly. He was not able to perform his job because of his medication.

The claimant provided medical documentation, which stated that the claimant was unable to work from the period of April 19, 1991 through May 19, 1991. The claimant did not request a leave of absence from his employer. The claimant did not request a leave of absence because he knew it would not be a paid leave of absence. The claimant did not think he would be returning to the job in the foreseeable future.

CONCLUSIONS OF LAW

Article, 95A, Section 6(a) provides that an individual shall be disqualified for benefits where his unemployment is due to leaving work voluntarily, without good cause arising from or connected with the conditions of employment or actions of the employer or without serious, valid circumstances. The preponderance of the credible evidence in the record will support a conclusion that the claimant voluntarily separated from employment, without good cause or valid circumstances, within the meaning of Section 6(a) of the Law.

In the instant case, the claimant voluntarily quit his job without pursuing all reasonable alternatives. The claimant could have taken a leave of absence in order to care for his mother in Florida.

DECISION

The claimant's unemployment was due to leaving work voluntarily, without good cause connected with the work, within the meaning of Section (a) of the Maryland Unemployment Insurance Law. He is disqualified from receiving benefits from the week beginning April 14, 1991 and until the claimant becomes re-employed and earns at least ten times his weekly benefit amount and thereafter becomes unemployed through no fault of his own.

The determination of the Claims Examiner is affirmed.

Kevin O'Neal, Hearing Examiner

Date of Hearing: July 2, 1991
lr/Specialist ID: 01032
Cassette No: 6179B
Copies mailed on July 12, 1991 to:

Claimant
Employer
Unemployment Insurance - Baltimore (MABS)