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Maribel Caraballo-Shine v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 12, 2011

MARIBEL CARABALLO-SHINE, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND DUNBAR ARMORED, INC., RESPONDENTS.

On appeal from the Board of Review, Department of Labor, Docket No. 244,732.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: July 5, 2011

Before Judges Cuff and Fuentes.

Appellant Maribel Caraballo-Shine appeals from the March 1, 2010 final decision of the Board of Review holding appellant ineligible for extended unemployment benefits.

The New Jersey Extended Unemployment Benefits Law, N.J.S.A. 43:21-24.11 to -24.20, provides in pertinent part:

An individual who has been disqualified for regular benefits under the provisions of subsection (b) or (c) of R.S. 43:21-5 will not meet the eligibility requirements for the payment of extended benefits unless the individual has had employment subsequent to the effective date of disqualification for regular benefits and has earned in employment remuneration equal to not less than four times the individual's weekly benefit rate.

[N.J.S.A. 43:21-24.19g.]

At the time that Caraballo-Shine filed a regular claim for unemployment benefits, N.J.S.A. 43:21-5(b) provided that an individual shall be disqualified for benefits "[f]or the week in which the individual has been suspended or discharged for misconduct connected with the work, and for the five weeks which immediately follow that week . . . ."*fn1

The record indicates that Caraballo-Shine was discharged by Dunbar Armored, Inc. and filed a regular benefit claim effective May 4, 2008. The Deputy determined that Caraballo-Shine was discharged for misconduct connected with the work resulting in a six-week benefit disqualification for the period April 27, 2008 through June 7, 2008. See N.J.S.A. 43:21-5(b). Following the period of disqualification, Caraballo-Shine collected benefits until the claim was completely exhausted. Thereafter, she sought benefits under the Extended Benefits Law. To be eligible for extended benefits following a period of disqualification on her regular benefit claim, Caraballo-Shine was required to have worked and had earnings in employment equal to four times her weekly benefit rate. N.J.S.A. 43:21-24.19g. Caraballo-Shine testified that she had not worked since she was terminated by Dunbar in April 2008. Therefore, her claim for extended benefits was properly denied under the statute. Affirmed.


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