Friday, August 12, 2011

NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - CAPABILITY OF EMPLOYMENT - CASE NO. 6

This is another old Appeal Board case but illustrates the capability issue - these cases are from the NYS UI AB Electronic Interpretation Service:

"Appeal Board Case No. 3065-40


CAPABILITY - AVAILABILITY - CLAIMANT CONFINED IN CONVALESCENT HOME

Claimant, who enters convalescent home to rebuild his health and is not permitted to leave the grounds under penalty of expulsion, has removed himself from the labor market and is not capable of and available for employment.
Referee’s Decision: Claimant was not available for employment (May 15, 1940)

Appeal by: Claimant

Findings of Fact: Claimant filed for benefits on April 3, 1940. On April 8, 1940 claimant entered convalescent home to rebuild his health and recuperate from an abdominal operation undergone in February. Although he required no medical care at the home, he was not permitted to leave the grounds under pain of immediate expulsion. While at the home, claimant failed to report on his due date of April 15, 1940. He refiled on April 22, 1940 at which time he reported his stay at the home. Local office suspended his benefit rights from the date of entry into convalescent home.

Issue: Whether claimant was capable of and available for employment during the period of suspension.

Appeal Board Opinion: It is obvious that claimant removed himself from the labor market when he entered the home to rebuild his health. This purpose could not be accomplished if claimant were to accept employment. The conditions surrounding claimant’s stay at the home were such as to make it difficult for him to seek or accept employment.

Decision: Suspension of claimant’s benefit rights sustained. Decision of referee affirmed."


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