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Ouhl v. Board of Review

Decided: February 25, 1992.

TAMARA VON OUHL, APPELLANT,
v.
BOARD OF REVIEW, RESPONDENT



On appeal from Department of Labor, Board of Review.

Pressler, Skillman and D'Annunzio.*fn1The opinion of the court was delivered by Skillman, J.A.D.

Skillman

The opinion of the court was delivered by

SKILLMAN, J.A.D.

Appellant held two part time jobs, one as an animal holder for the Bergenfield Animal Clinic and the other as a substitute teacher for the Fairview Board of Education. On July 2, 1990, the Bergenfield Animal Hospital terminated her employment. As a result, appellant applied for and began receiving unemployment compensation benefits.

On September 11, 1990, a Deputy Director of the Division of Unemployment and Disability Insurance sent appellant three separate determinations. One notified her that she was ineligible for benefits from July 29, 1990 to August 4, 1990, because she had failed to report to the local unemployment compensation office on August 3, 1990. The second stated that she was ineligible for benefits commencing July 15, 1990 because she was an employee of an educational institution who was claiming benefits for a period between academic years even though she had reasonable assurance of performing services the following year. The third stated that appellant was disqualified for benefits commencing July 1, 1990, because she had quit her job voluntarily without good cause attributable to the work.

Appellant filed appeals to the Appeal Tribunal from all three determinations. The Appeal Tribunal concluded in a written decision issued on October 15, 1990 that appellant did not voluntarily leave her work without good cause and thus was not disqualified from receiving benefits pursuant to N.J.S.A. 43:21-5(a). However, it also concluded that appellant had a reasonable assurance of recall in her position with the Fairview Board of Education in the next academic year and thus was ineligible for benefits from July 15, 1990 through September 1, 1990. The Appeal Tribunal therefore found it unnecessary to decide whether appellant was ineligible for benefits from July 29, 1990 to August 4, 1990, due to her failure to report on August 3, 1990.

Appellant filed a timely appeal to the Board of Review limited to the Appeal Tribunal's determination that she was ineligible for benefits from July 15, 1990 to September 1, 1990. Her letter initiating the appeal stated:

I am appealing determination of the finding against me from July 15, 1990 to Sept. 1, 1990. R.S. 43:21-4(g)(1).

I am only on a list for calling in; not employed nor contracted with an education institution. I also did not have a reasonable assurance I would be put back on the same list. Due to the nature of the work, being a substitute it is never assured there will be work.

It is October 24 and as yet I have not been called in to work, as an example of the inconsistency.

The Bergenfield Animal Hospital failed to appeal from the Appeal Tribunal's determination that appellant did not voluntarily quit and thus was not disqualified pursuant to N.J.S.A. 43:21-5(a). Furthermore, the Board of Review did not undertake to review this decision on its ...


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