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Machado v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


December 8, 2009

ANGEL A. MACHADO, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND CASSADY FARMS, L.L.C., RESPONDENTS.

On appeal from a Final Decision of the Board of Review, Department of Labor, Docket No. 168,082.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 30, 2009

Before Judges Reisner and Chambers.

Claimant Angel A. Machado appeals from a February 29, 2008 decision of the Board of Review denying his claim for unemployment benefits. We affirm.

Machado performed seasonal agricultural work for Cassady Farms, L.L.C. The 2007 working season lasted until October 2007, but Machado stopped working in August 2007 to avoid a reduction in his social security benefits. Following a telephone hearing, the hearing examiner determined that Machado was disqualified for unemployment benefits, because he left his job voluntarily "without good cause attributable to [his] work."

N.J.S.A. 43:21-5(a). The Board adopted the hearing officer's decision.

Having reviewed the record, we find no basis to disturb the Board's determination, which is supported by substantial credible evidence and is consistent with applicable law. R. 2:11-3(e)(1)(D). While Machado's employer agreed that he could stop working before the season ended, this fact does not entitle him to unemployment benefits. Machado left his job in order to preserve his right to collect his full social security benefits.

Under the unemployment benefits law, N.J.S.A. 43:21-5(a), this is considered to be a personal reason unconnected with the work. See Brady v. Board of Review, 152 N.J. 197, 213 (1997).

Affirmed.

20091208

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