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

This is an old Appeal Board case but illustrates the capability issue:

"Appeal Board Case No. 11,1759-45

CAPABILITY - MENTAL ABILITY - EMPLOYMENT RESTRICTION

Claimant, afflicted with a mental illness, whose only work experience was with the aid and help of his brother during the canning season and who refused to accept other canning jobs, was held to be incapable of performing work which there was a reasonable possibility of obtaining.

Findings of Fact: A hearing was held herein at which the claimant, his representative and a representative of the Industrial Commissioner appeared, and testimony was taken. Claimant, 32 years of age, was employed for three seasons as a cannery laborer at a cannery located in Mt. Morris, New York. Prior to this employment the claimant had never worked because of a mental illness. While thus employed he worked with his brother who operated a filling and capping machine. Claimant’s duties consisted of removing the filled and capped cans from a table into a steel basket. Claimant’s brother watched over him and saw that he properly performed the work. At the end of the season, when the filling and capping machines were no longer used, claimant was transferred to other work, but was unable to perform the duties required of the job and was laid off. Claimant filed an application for benefits on December 20, 1944, and has reported to date. On January 8, 1945, he was offered referral by the United States Employment Service to employment as a cannery laborer at a cannery located at Rochester, New York. The prospective employer furnished bus transportation to its plant. Claimant refused to accept the referral stating to the effect that he was unable to accept any employment unless he could work in a job where his brother could assist him and watch over him. The local office issued an initial determination holding claimant ineligible for benefits effective January 8, 1945, on the ground that claimant was unavailable for and incapable of employment. Claimant requested a hearing. The claimant’s brother with whom he worked appeared at the hearing. He stated that due to his brother’s condition he was not able to perform any work without his guidance and supervision.

Referee’s Opinion and Decision: Cclaimant’s only work experience has been with the aid and help of his brother. Without this assistance the claimant is unable to perform any work. It is clear from the record that claimant, except during the canning season when he is able to work with his brother, is incapable of performing work such as there may be a reasonable probability of obtaining. I hold, therefore, that the claimant was not available for and capable of employment within the meaning of the statute. The initial determination herein is sustained. (2/27/45)

Appeal By: Claimant

Appeal Board Opinion: The Board is of the opinion that the referee made proper findings of fact and correctly determined the issues involved in this case.

Appeal Board Decision: The decision of the referee is affirmed. (4/3O/45)"