STATE OF NEW JERSEY VS. LARRY D. FISHERÂ (15-08-1690, OCEAN COUNTY AND STATEWIDE), A-5411-15T1

Appellant Jason S. Olesen was a branch manager for Somerset Tire Service from August 2012 until November 2015; he injured his shoulder at work in June 2015, had surgery, and returned in September 2015 with lifting and overhead restrictions.
Employer was informed of the restrictions and agreed Olesen could perform branch manager duties within those limitations.
Olesen believed his branch was understaffed and felt compelled to perform tasks that exceeded his medical restrictions, although he acknowledged employer never directly required him to do so.
Olesen submitted a resignation effective November 16, 2015; employer terminated him effective November 9, 2015.
The Division deputy denied unemployment benefits; the Appeal Tribunal and the Board affirmed, finding Olesen voluntarily left without good cause attributable to the work because employer had accommodated restrictions and he chose to perform restricted tasks.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Olesen is eligible for unemployment benefits under N.J.S.A. 43:21-5(a) after leaving employment following a work-related injury	Olesen: Employer failed to adequately staff the branch so he had to exceed medical restrictions and thus had good cause to leave	Board/Employer: Employer accepted medical restrictions and never required Olesen to perform prohibited tasks; he voluntarily chose to perform them	Board affirmed: no good cause — employer accommodated restrictions and Olesen voluntarily exceeded them
Whether the Board’s decision was arbitrary, capricious, or unreasonable	Olesen: Decision was arbitrary, careless, and unreasonable	Board: Decision is supported by Tribunal’s factual findings and substantial evidence	Court: No abuse of discretion; findings supported by substantial credible evidence

Brady v. Bd. of Review, 152 N.J. 197 (1997) (standard for judicial review of agency decisions and test for "good cause")
In re Warren, 117 N.J. 295 (1989) (agency-review principles)
George Harms Constr. Co. v. N.J. Tpk. Auth., 137 N.J. 8 (1994) (limits on judicial intervention in agency action)
Charatan v. Bd. of Review, 200 N.J. Super. 74 (App. Div. 1985) (standard for reviewing factual findings in unemployment proceedings)
Domenico v. Bd. of Review, 192 N.J. Super. 284 (App. Div. 1983) (definition of "good cause" to quit)
Condo v. Bd. of Review, 158 N.J. Super. 172 (App. Div. 1978) (discussion of good-cause concept)
Zielenski v. Bd. of Review, 85 N.J. Super. 46 (App. Div. 1964) (ordinary prudence test for quitting)
Heulitt v. Bd. of Review, 300 N.J. Super. 407 (App. Div. 1997) (claimant's responsibility to take reasonable steps to remain employed)