LEE C. HUGUENIN VS. BOARD OF REVIEWÂ (BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT), A-3826-15T1

Lee C. Huguenin, a full-time pest control operator for Arrow Environmental, was injured at work on August 20, 2013 and placed on workers' compensation temporary total disability.
He received workers' compensation benefits from August 27, 2013 until November 12, 2015, a period exceeding two years.
Cleared to return to work on November 12, 2015, Huguenin applied for unemployment benefits on November 15, 2015 because his employer had no work for him.
The Department of Labor denied his claim (Dec. 4, 2015); the Appeal Tribunal affirmed (Jan. 15, 2016); the Board of Review issued a final denial (Apr. 13, 2016).
The Board concluded Huguenin failed to meet the statutory "base week/wages" requirement because his only income during the base period was workers' compensation, and he was ineligible for the statutory alternative base year because his disability payments exceeded two years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether workers' compensation temporary disability benefits count as "wages" or otherwise allow qualification for unemployment benefits under N.J.S.A. 43:21-4	Huguenin: Workers' compensation period should not be counted against him; alternatively, those benefits should be treated as "wages" to satisfy base-year requirements	Board/State: Statutory definitions of "wages"/"remuneration" do not include workers' compensation; alternative base-year relief is limited to disability periods not exceeding two years	Court: Affirmed — workers' compensation is not "wages" under the statute and the alternative base-year does not apply because payments exceeded two years

Brady v. Bd. of Review, 152 N.J. 197 (discussing standard and burden of proof for unemployment benefits challenges)
Saccone v. Bd. of Trs. of Police & Firemen's Ret. Sys., 219 N.J. 369 (administrative decisions upheld unless arbitrary, capricious, or unsupported)
Lavezzi v. State, 219 N.J. 163 (deference to agency interpretations of statutory schemes entrusted to them)
In re Election Law Enf't Comm'n Advisory Op. 01-2008, 201 N.J. 254 (weight given to agency interpretation of statutes it administers)
GE Solid State v. Dir., Div. of Taxation, 132 N.J. 298 (agency interpretations entitled to consideration)
Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (agency statutory interpretation principles)
Febbi v. Bd. of Review, 35 N.J. 601 (courts bound by legislative definitions)
Murray v. Plainfield Rescue Squad, 210 N.J. 581 (courts should not rewrite clear statutory language)