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Joseph v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 7, 2008

LINDA JOSEPH, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND TRUMP PLAZA ASSOCIATES, RESPONDENTS.

On appeal from the decision of the Board of Review.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 25, 2008

Before Judges A.A. Rodríguez and C.S. Fisher.

Appellant Linda Joseph seeks our review of a final agency decision, which found her disqualified for unemployment benefits and which required a refund of benefits previously paid in the amount of $722.

After a careful review of the record in light of the arguments raised, we find the matter susceptible to summary disposition, which we will sua sponte grant. We find insufficient merit in appellant's arguments to warrant discussion in a written opinion, R. 2:11-3(e)(1)(D) and (E), and affirm. We add only the following comments.

N.J.S.A. 43:21-5(a) renders a person, who leaves work voluntarily and not for good cause attributable to the work, ineligible for unemployment benefits. Appellant worked as a banquet waitress for respondent Trump Plaza Associates. As a result of back and nerve disorders, she was placed on temporary disability. Her doctor eventually provided a note saying that she could return to work "without restriction." Appellant, however, did not return because she did not feel she could do the heavy lifting required by the job. The Appeal Tribunal found that appellant spoke with the banquet manager who told her that there was no other work in the banquet department but that she could call Human Resources to see if she could transfer to another department. According to the agency findings, appellant did not call Human Resources and did not return to work. As a result, the Appeal Tribunal, affirmed by the Board of Review, found that appellant did not submit medical documentation to show that she could not do the job and did not pursue the possibility of other work with her employer.

It was appellant's burden to show by competent medical proof that the work aggravated or caused a medical condition or made it harder to recover from one. Israel v. Bally's Park Place, Inc., 283 N.J. Super. 1, 5-6 (App. Div. 1995), certif. denied, 143 N.J. 326 (1996). N.J.A.C. 12:17-9.3 requires that "[w]hen an individual leaves work for health or medical reasons, medical certification shall be required to support a finding of good cause attributable to work." There is no such proof in this record. And, because we will defer to the findings of administrative agencies when they have support in the record, Shuster v. Board of Review, 396 N.J. Super. 240, 245-46 (App. Div. 2007), as here, we have no reason to second guess the Board's determination.

Affirmed.

20080307

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