BOARD OF APPEALS
|DECISION NO: 1482-BR-91
DATE: Nov. 27, 1991
|CLAIMANT: David L. Cooper
|| APPEAL NO.: 9113522
|EMPLOYER: Robert E. Bittinger
||L.O. NO: 14
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.
|For the Claimant:
||For the Employer:
REVIEW ON THE RECORD
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.
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
COPIES MAILED TO:
UNEMPLOYMENT INSURANCE - OAKLAND
RECOVERIES - ROOM 413