BRENDA PARKER VS. BOARD OF REVIEW(BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCEDEVELOPMENT), A-0215-16T2

Background

Brenda Parker (claimant) worked as a housekeeper through Matrix Personnel Solutions and alleged work-aggravated bursitis and trigger finger.
She saw Dr. Venkata Jonna who excused her for two days but otherwise cleared her to return without restrictions; later records (May 2, 2016) stated she could return to work with no restrictions.
On November 15, 2015 Parker submitted a two-week resignation, stating certain duties (mopping, vacuuming, sweeping) aggravated her condition and offering to return if relieved of those duties; management said it would check with personnel but never responded.
She applied for unemployment benefits; the Deputy Director and the Appeal Tribunal denied benefits finding she voluntarily left without good cause attributable to the work. The Board of Review remanded once, then ultimately affirmed denial.
Parker submitted internet medical materials and, after the second hearing, an untimely certification based on a paper review from Dr. Lori Talbot; the agency gave little weight to internet materials and declined to consider the late, non‑examining physician certification dispositively.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether claimant voluntarily left with "good cause attributable to the work" (N.J.S.A. 43:21-5(a))	Parker: work aggravated her conditions making resignation medically necessary	Board/Matrix: medical records did not establish medical necessity; Dr. Jonna cleared her; claimant didn’t pursue accommodations or follow‑up	Held: No good cause; claimant failed burden to prove medical necessity to resign
Whether medical certification requirement satisfied	Parker: internet materials and Dr. Talbot's paper review show work aggravation	Board: internet materials are inadequate; Dr. Talbot’s late paper‑review certification insufficient and she never examined claimant	Held: Medical proof insufficient under N.J.A.C. 12:17‑9.3(d); agency properly required competent medical certification
Whether employer failed to engage in accommodation/interactive process	Parker: employer’s failure to respond to accommodation request supports good cause and an "unhealthful condition"	Board/Matrix: employer had no duty to accommodate given treating physician’s clearance and short requested timeline; claimant did not press request	Held: No duty to provide accommodation under facts; claimant did not diligently pursue or document an accommodation request
Whether agency denied due process or should draw adverse inference for employer’s absence at second hearing	Parker: denial of benefits and employer’s failure to appear prejudiced her case	Board: claimant had two hearings and full opportunity to present evidence; record provided sufficient basis	Held: No due process violation; no adverse inference; Board’s factual findings supported by credible evidence

Key Cases Cited

Brady v. Bd. of Review, 152 N.J. 197 (recognizing deference to Board's factual findings in unemployment cases)
Combs v. Bd. of Review, 269 N.J. Super. 616 (medical condition at time of resignation is pivotal)
Wojcik v. Bd. of Review, 58 N.J. 341 (work-related medical necessity required to justify resignation)
Utley v. Bd. of Review, 194 N.J. 534 (personal reasons for quitting do not constitute good cause under unemployment statutes)

Affirmed.