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Maldonado v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 4, 2008

LUZ A. MALDONADO, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR, AND NORTH HUDSON COMMUNITY ACTION CORPORATION, RESPONDENTS.

On appeal from the Board of Review, Department of Labor, No. 142,941.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 13, 2008

Before Judges Cuff and King.

Appellant, Luz A. Maldonado, appeals from a final decision of the Board of Review (Board), which adopted the findings of fact of the Appeal Tribunal, that held her disqualified from benefits pursuant to N.J.S.A. 43:21-5(a) because she left work voluntarily without good cause attributable to the work. The Board also directed repayment of benefits received by her.

Appellant contends that her position was eliminated. She concedes she moved out-of-state, but contends she would have commuted to her job if it had not been eliminated. Her employer submitted evidence that appellant's position was not eliminated, that appellant announced her intention to relocate and to resign, and that appellant trained her replacement. The Board found that appellant left her job due to her out-of-state move, and held that her relocation was not good cause attributable to work to relinquish her employment.

N.J.S.A. 43:21-5(a) provides that a person is ineligible for unemployment benefits if he or she leaves work voluntarily without good cause attributable to the work. Brady v. Bd. of Review, 152 N.J. 197, 213-14 (1997). A claimant who leaves work for a good but personal reason is subject to the statutory disqualification. Utley v. Bd. of Review, ___ N.J. ___, ___ (2008) (slip op. at 14) (citing Self v. Bd. of Review, 91 N.J. 453, 457 (1982)).

An appellate tribunal has a limited role in reviewing decisions of administrative agencies. Brady, supra, 152 N.J. at 210. We will reverse an agency decision only if it is arbitrary, capricious or unreasonable or unsupported by substantial credible evidence in the record as a whole. Ibid. Barry v. Arrow Pontiac, Inc., 100 N.J. 57, 71 (1985). Here, there is sufficient credible evidence in the record to uphold the finding that appellant resigned to relocate to Pennsylvania. Appellant has not shown good cause attributable to the work. The final decision of the Board is affirmed.

Affirmed.

20080604

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