347 Mass. 264 | Mass. | 1964
This is an appeal under G. L. c. 151A, § 42 (as amended through St. 1954, c. 681, § 12), by the director of the division of employment security from a decision of the District Court which “set aside” the decision of the division’s board of review denying unemployment benefits to the claimant.
On November 21, 1962, there was a hearing before a review examiner. At the hearing, the claimant averred that she had left Gem because of “an agreement with the man when I went to apply for the job that it would be just for four weeks. ’ ’ When asked to explain a delay between leaving Gem and starting at Lissak, the claimant said, “I stayed home one week to get the children ready for school.” She also assigned as a reason for leaving Gem ‘ ‘ a nervous condition that I have been nursing since last December” and
The review examiner, affirming the director’s decision, stated: “The claimant has successively advanced a number of reasons for leaving her work with Gem .... At her hearing on November 21, 1962, the claimant advanced two more reasons: that stitching garments made her nervous and that she preferred to engage in some other type of work in which she then had had no experience. She has presented a letter dated November 19,1962, from her physician which at first glance seems to support this contention. Closer reading of this letter shows that all of the physician’s advice is based upon the claimant’s alleged symptoms and her opinions as to their cause. It is found that the immediate cause of the claimant’s separation from the above employer was to take care of domestic duties; that this is not good cause for voluntarily leaving work within the . . . provision of the statute [G. L. c. 151 A, § 25 (e) (1)].”
The board of review denied the claimant’s request for further hearing,
We infer from the foregoing that the District Court “found” the decision of the review examiner “unsupported by substantial evidence” and “arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with
The scope of review in the District Court under G. L. c. 30A, § 14 (8), of the findings of fact and decision of the board of review has been stated by this court. ‘ Since the examiner’s findings, adopted by the review board, were supported by substantial evidence and his conclusions were not based on any error of law, the board’s decision should have been affirmed by the District Court.” Bogdanowicz v. Director of the Div. of Employment Security, 341 Mass. 331, 335. See Wagstaff v. Director of the Div. of Employment Security, 322 Mass. 664, 667, wherein it was said: “It is the board which has been made the sole judge of credibility and the weight of the evidence. If the findings are . . . supported [by evidence], it is not open to the District Court or to this court to substitute other views as to what should be the determination on the facts.” See also Farrar v. Director of the Div. of Employment Security, 324 Mass. 45, 50-51; Weiner v. Director of the Div. of Employment Security, 327 Mass. 360, 363; Sinclair v. Director of the Div. of Employment Security, 331 Mass. 101, 102.
In the instant case the review examiner’s finding that the claimant left her employment at Gem “to take care of domestic duties” is supported by evidence. The claimant by
We see no basis on which the District Court could have concluded that the decision of the board was ‘ ‘ arbitrary or capricious” or otherwise unlawful under G. L. c. 30A, § 14 (8) (g).
It follows that the decision of the District Court is reversed and a decision is to be entered affirming the decision of the board of review.
So ordered.
“No waiting period shall he allowed and no benefits shall be paid to an individual under this chapter for . . . (e) [as appearing in St. 1958, c. 677] A period of four to ten weeks, as the director shall determine, after the effective date of Ms claim if an individual has left Ms work (1) voluntarily without good cause, (2) by discharge shown to the satisfaction of the director to be attributable solely to deliberate misconduct in wilful disregard of the employing unit's interest, or (3) because of conviction of a felony or misdemeanor; provided, however, that if the individual had new work subsequent to such leaving, the number of weeks determined by the director as the period during which no waiting period shall be allowed and no benefits paid shall be reduced by the number of weeks of such new work. No disqualification shall be imposed, if such individual establishes to the satisfaction of the director that he left his employment in good faith to accept new employment on a permanent full-time basis, and that he became separated from such new employment for good cause attributable to the new employing unit. An individual shall not be disqualified under the provisions of tMs subsection from receiving benefits by reason of leaving Ms work under the terms of a pension program requiring retirement from employment, notwithstanding his prior assent, direct or indirect, to the establishment of such pension program. ’'
November 19, 1962.
Be: Mrs. Mary Martin
74 Pembroke Ave.
Aeushnet, Mass.
To Whom it May Concern:
The above patient was seen by me on August 4th, 1962 complaining of nervousness, fatigue, tension and general run down feeling. She felt that this was due to the type of work she was doing in the Garment Industry where there was considerable tension at all times. On this basis I advised her to remain out of work for six weeks and gave her a note requesting leave of absence for that period.
In September she obtained employment in a Shoe Factory and found that she could tolerate this type of work with no undue nervousness or tension. Because of this fact I have advised her to continue her work in the Shoe Factory rather than returning to the Garment Industry which seems to cause her undue tension, anxiety and nervousness.
Very truly yours,
[signed] F. D. Berry, M.D. ’ ’
Pursuant to G. L. c. 151A, § 41, the review examiner’s decision became the final decision of the board of review. See Bogdanowicz v. Director of the Div. of Employment Security, 341 Mass. 331, 332.
General Laws e. 30A, § 14 (8) (e) and (g), reads in part as follows: “The court may affirm the decision of the agency, or remand the matter for further proceedings before the agency; or the court may set aside or modify the decision, or compel any action unlawfully withheld or unreasonably delayed, if it determines that the substantial rights of any party may have been prejudiced because the agency decision is . . . (e) Unsupported by substantial evidence; or . . . (g) Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.”