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Inside Radio/Radio Only Inc. v. Board of Review

Decided: October 8, 1985.

INSIDE RADIO/RADIO ONLY, INC., APPELLANT,
v.
BOARD OF REVIEW AND PAMELA A. WHITE, RESPONDENTS



On appeal from Final Decision of the Board of Review, Department of Labor.

Pressler, Dreier and Bilder. The opinion of the court was delivered by Bilder, J.A.D.

Bilder

This is an appeal by an employer, Inside Radio/Radio Only, Inc. (Radio) from a decision of the Board of Review holding that claimant Pamela White was eligible for unemployment benefits. Radio contends she voluntarily terminated her position and that the evidence fails to support a finding of good cause such as would justify eligibility.

Ms. White applied for unemployment benefits in December 1983. She was informed by the local claims office that she was ineligible because she had voluntarily left her job without good cause attributable to her work. She appealed to the Appeal Tribunal and received a hearing on February 4, 1984 before Appeal Examiner Mary Brent where she appeared pro se. The examiner held that she left work voluntarily without good cause attributable to such work and was disqualified for benefits. Ms. White then appealed to the Board of Review which,

after reviewing the record, concluded that "[t]he continued requirement that the claimant work an excessive number of hours in order to complete her weekly assignment is good cause in itself that an individual leave such work with good cause attributable thereto." It held that no disqualification existed and reversed the decision of the Appeal Tribunal. Radio then appealed to this court.

The Board of Review found the facts to be as follows:

The claimant was employed as an editor of a weekly newsletter for approximately six months, earning $17,500 annually. She understood at hire that she would work "some overtime" up to about 50 hours weekly.

The claimant was under a physician's care for fatigue, nutritional problems, and mild depression during the last four months of employment. She had been working 60 to 80 hours a week in order to meet the dateline of the newsletter, and at times, she would forego lunch or dinner in order to complete her work assignment. She received no additional wages for the overtime worked.

She complained to the employer on many occasions about the excessive work load but to no avail.

The claimant left work on November 30, 1983, because she could no longer endure the excessive number of hours that her job entailed, even though she would have received vacation pay if she remained another week.

Radio contends claimant failed to establish good cause attributable to her work for leaving and more specifically: (1) the reasons given by Ms. White for leaving fall under the category of personal reasons; (2) there was no showing her health problems were work-connected; (3) there was no evidence her leaving was connected with a lack of overtime compensation; and (4) Ms. White failed to protect her employment by taking steps to ameliorate the situation.

From an examination of the record, we are satisfied that the Board's factual findings are supported by substantial credible evidence and that we are obliged to follow them. See ...


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