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Zitzman v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 13, 2009

STEVEN C. ZITZMAN, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND FORSA CONSTRUCTION, LLC AND SCHNELL CONTRACTING SERVICES, LLC, RESPONDENTS.

On appeal from the Board of Review, Department of Labor, Docket No. 172,482.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: April 22, 2009

Before Judges Cuff and Fisher.

Claimant Steven C. Zitzman seeks review of a final decision of the Board of Review (Board) that holds him disqualified from receipt of unemployment benefits. We affirm.

N.J.S.A. 43:21-5(a) provides that a person who leaves a job voluntarily without good cause attributable to the work is disqualified from receipt of unemployment benefits. Here, the Board found that claimant left his job as a construction laborer to take a job as a mason. The new position was in a different and higher-paying trade. One month later, claimant lost his new position as a mason due to lack of work. He filed for unemployment benefits from his position as a laborer. Our authority to review administrative agency decisions is limited. Brady v. Bd. of Review, 152 N.J. 197, 210 (1997). If the Board's factual findings are supported by "sufficient credible evidence, courts are obliged to accept them." Ibid.

Here, there is substantial, credible evidence that claimant left his position as a construction laborer for a higher-paying job. This is a personal reason and is considered a "voluntary quit." We, therefore, affirm the Board's decision disqualifying claimant from receipt of unemployment benefits and requiring refund of benefits paid.

Affirmed.

20090513

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