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Carter v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 1, 2008

JAMILA CARTER, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR, AND INTERIM HEALTH CARE OF MIDDLESEX-SOMERSET, INC., RESPONDENTS.

On appeal from the Board of Review, Department of Labor, 152,012.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 17, 2008

Before Judges Stern and Coburn.

The Board of Review affirmed the decision of the Appeal Tribunal denying Jamila Carter unemployment compensation benefits on the ground that she left her job without good cause attributable to her work. Carter appeals, arguing that the Board erred because the injuries she sustained in an automobile accident prevented her from returning to work.

After carefully considering the record and briefs, we are satisfied that Carter's arguments are without sufficient merit to warrant discussion in a written opinion and that the decision of the Board of Review is supported by credible evidence on the record as a whole. R. 2:11-3(e)(1)(D) and (E). Nevertheless, we add the following comment.

The critical difficulty with Carter's appeal is that the automobile accident that resulted in her disabling injuries was not work related. In other words, since Carter, as she herself admitted, was no longer able to perform her job because of an accident unrelated to her job, she left work voluntarily without good cause attributable to the work within the meaning of N.J.S.A. 43:21-5(a). Stauhs v. Bd. of Review, Div. of Employment Sec., 93 N.J. Super. 451, 457-58 (App. Div. 1967) ("[A] claimant who quits [a] job because [the] work duties are detrimental to an existing physical condition or state of health which did not have a work-connected origin has left . . . work voluntarily without good cause 'attributable to such work' and . . . is disqualified from unemployment benefits."). Therefore, we are obliged to affirm.

Affirm.

20080701

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