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DLLR's Unemployment Insurance Appeals

 

Decision Number 1482-BR-91 - Failure to Apply for or Accept Suitable Work - Section 8-1005 - Maryland Unemployment Decisions Digest

 

BOARD OF APPEALS

DECISION

DECISION NO: 1482-BR-91
DATE: Nov. 27, 1991
 
CLAIMANT: David L. Cooper APPEAL NO.: 9113522
 
EMPLOYER: Robert E. Bittinger L.O. NO: 14
 
APPELLANT: Claimant

Issue: Whether the claimant failed, without good cause, to accept available, suitable work within the meaning of Section 8-1005 of the Labor and Employment Article.

- 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 December 27, 1991.

APPEARANCES

For the Claimant: For the Employer:

REVIEW ON THE RECORD

Upon review of the record in this case, the Board of Appeals modifies the decision of the Hearing Examiner.
The Board agrees that the job that the claimant refused was suitable and that he failed to accept it without good cause.

However, the Board finds that there are mitigating circumstances, warranting a reduced penalty. The claimant was unable to return to work because his driver's license had been suspended and he had already been stopped once by the police and warned that he could not drive until his license was reinstated. Without a driver's license, he was unable to get to work. The claimant was attempting to get his license back, but stilled owed a substantial sum of money to the state of West Virginia, where his license was issued; his license would not be reinstated until he paid the full amount.

Under these circumstances, the Board finds that there are mitigating circumstances and a minimum disqualification will be imposed. 

DECISION

The claimant failed to accept suitable work, within the meaning of Section 8-1005 of the Labor and Employment Article. He is disqualified from receiving benefits from the week beginning July 7, 1991 and the four weeks immediately following.

The decision of the Hearing Examiner is modified.

Hazel A. Warnick, Associate Member
Thomas W. Keech, Chairman

H:K
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COPIES MAILED TO:

CLAIMANT
EMPLOYER
UNEMPLOYMENT INSURANCE - OAKLAND
RECOVERIES - ROOM 413