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Wetter v. Board of Review

Superior Court of New Jersey, Appellate Division

October 18, 2013

RYAN M. WETTER, Appellant,
v.
BOARD OF REVIEW and PRIME TIME LIMOUSINE, INC., Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 7, 2013

On appeal from the Board of Review, Department of Labor, Docket No. 342, 384.

Ryan M. Wetter, appellant pro se.

John J. Hoffman, Acting Attorney General, attorney for respondent Board of Review (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ellen A. Reichart, Deputy Attorney General, on the brief).

Respondent Prime Time Limousine, Inc. has not filed a brief.

Before Judges Harris and Guadagno.

PER CURIAM.

Claimant Ryan M. Wetter appeals from the March 5, 2012 final decision of the Board of Review, Department of Labor, affirming the decision of an Appeal Tribunal, denying his claim for Emergency Unemployment Compensation (EUC) benefits. We affirm.

In July 2010, Wetter left his job with Lester Glenn Auto Group in Toms River, New Jersey, to take a position with Prime Time Limousine in Stamford, Connecticut. After three months, Wetter resigned from Prime Time for medical reasons and moved back to New Jersey to seek treatment.

Wetter filed a claim for unemployment benefits in New Jersey in October 2010 and received benefits of $460 per week until April 2011, when the claim was exhausted. In May 2011, Wetter filed a claim under the EUC program and was paid benefits totaling $2388, through June 11, 2011.

When the New Jersey Division of Unemployment Insurance (Division) learned Wetter was eligible for unemployment benefits in Connecticut, he was declared ineligible for EUC benefits.

Wetter filed a claim in Connecticut but was notified that he was ineligible for benefits because his reason for leaving his employment did not constitute good cause. The notice advised Wetter of his right to appeal but he failed to pursue an appeal in Connecticut.

The Division in New Jersey sought a refund of $2388 for the EUC benefits paid to Wetter. Wetter appealed from the determination holding him ineligible for EUC benefits and from the imposition of liability to refund the $2388 in EUC benefits paid. An Appeal Tribunal conducted a telephone hearing on September 1, 2011. By written decision, the appeals examiner denied Wetter's appeal, stating, "EUC benefits can only be paid to individuals who are not eligible for any regular unemployment benefits in New Jersey or any other state." As Wetter had a valid unemployment claim in Connecticut on May 1, 2011, he was not ...


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