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Zielenski v. Board of Review

Decided: October 5, 1964.

ANDREW J. ZIELENSKI, APPELLANT,
v.
BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, RESPONDENT



Conford, Kilkenny and Lewis. The opinion of the court was delivered by Kilkenny, J.A.D.

Kilkenny

[85 NJSuper Page 49] Claimant, Andrew J. Zielenski, appeals from a final determination of the Board of Review, Division of Employment Security, affirming a decision of the Appeal Tribunal, holding claimant (1) disqualified for unemployment

benefits as of May 30, 1963, under N.J.S.A. 43:21-5(a), upon its finding that he had left his work voluntarily "without good cause attributable to such work," and (2) ineligible for benefits from May 20, 1963 through May 25, 1963, because of his failure to report during that week at the designated time as required by Regulation 21.01.

So far as pertinent here, N.J.S.A. 43:21-5(a) provides:

"An individual shall be disqualified for benefits:

(a) For the week in which he has left work voluntarily without good cause attributable to such work , and for each week thereafter until he has earned in employment * * * at least 4 times his weekly benefit rate, as determined in each case * * *." (Italics ours)

Regulation 21.01 provides, in part:

"(b) In order to establish eligibility for benefits or for waiting week credit for any week of unemployment, the claimant shall report during such week on the day or days and at the time or times designated by a representative of the Division to the local employment service office at which he is registered for work.

(1) A claimant who has failed to report on his assigned reporting day shall be considered as having complied with this reporting requirement, provided he reports in person as soon as possible thereafter but not later than seven (7) days after his assigned reporting day, and provided, further, he shows good cause for having failed to report sooner."

I.

We consider first the issue of disqualification under N.J.S.A. 43:21-5(a).

Claimant was employed by Todd Shipyards in Hoboken, New Jersey, as an electric welder at $3.05 per hour. He filed an initial claim for unemployment benefits on February 26, 1963, following a temporary layoff on February 22, 1963. On May 13, 1963 he reopened that claim by filing an additional claim for unemployment benefits, having been sent home from work on that date for lack of work. However, he worked at the ...


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