169 Ga. App. 103 | Ga. Ct. App. | 1983
Deborah Allen worked for the Claxton Manufacturing Company as a sewing machine operator from 1973 until 1981. On June 15,1981, Allen suffered a facial stroke which kept her from work until July 13, 1981. She returned to work wearing an eye patch meant to protect the eye damaged in the stroke. Due to depth perception difficulties, she was unable to work satisfactorily with the eye patch and so she removed it. However, although she was now able to work, without the patch to protect it the damaged eye was susceptible to the cotton lint in Allen’s work place. On two occasions her damaged eye became infected, thereby preventing her from working. She requested her employer to transfer her to another job which would take her out of the lint-filled environment, but no such job was available. Allen therefore voluntarily resigned her position informing her employer it was due to her medical disability. Her claim for unemployment compensation was denied by the claims examiner and the decision was affirmed by the administrative hearing officer, the Board of Review, and by the Superior Court of Evans County. We granted Allen’s application for discretionary appeal.
Allen contends that the superior court erred by affirming the Board of Review’s finding that she was disqualified from receiving unemployment compensation on the basis that she voluntarily quit her job without a good work-related cause. We agree. Both the administrative agency and the superior court based their decision to disqualify Allen on the ground that the facial stroke Allen suffered did not result from, was not connected with or caused by her employment. However, it is not necessary for us to determine whether Allen’s facial stroke was caused by her employment since the
However, since the record shows that no determination was made as to whether Allen fulfilled the further requirement of OCGA § 34-8-151 (Code Ann. § 54-609) that she be able, available and actively seeking employment, we reverse the trial court with direction that the cause be remanded to the Board of Review, Georgia Department of Labor, for further consideration of this issue.
Judgment reversed and case remanded with direction.