Decision Number 1119-BR-90 - Able to Work, Available for Work and Actively Seeking Work - Sections 8-903, 8-904, 8-907 - Maryland Unemployment Decisions Digest - Appeals

BOARD OF APPEALS

DECISION

Issue: Whether the claimant was able to work, available for work, and actively seeking work within the meaning of Section 4(c) 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 MAYBE 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 AT MIDNIGHT ON December 2, 1990.

APPEARANCES

REVIEW ON THE RECORD

Upon review of the record in this case, the Board of Appeals reverses the decision of the Hearing Examiner. The Board adopts the findings of fact of the Hearing Examiner.

However, the Board disagrees with the Hearing Examiner's conclusions of law. The claimant's training program has not been approved so as to relieve her of the requirements of Section 4(c) of the law, specifically work search.

Neither the Board of Appeals, nor a Hearing Examiner, has the authority to waive the work search requirements of Section 4(c) of the law. The Board has no authority with regard to waivers.

DECISION

The claimant has not engaged in approved training and is not exempt from the work search requirements of Section 4(c) of the Maryland Unemployment Insurance Law. Benefits are denied from the week beginning July 8, 1990 and until she meets the requirements of Section 4(c) of the law.

The decision of the Hearing Examiner is reversed.

Associate Member
Associate Member
DW:W
kbm
COPIES MAILED TO:

CLAIMANT
UNEMPLOYMENT INSURANCE - BEL AIR
John McGucken, Legal Counsel, D.E.E.D.