Kimberly A. Horman, Relator, vs. Robert R. Martin, D.C., Respondent, Commissioner of Economic Security, Respondent.

This opinion will be unpublished and

may not be cited except as provided by

Minn. Stat. sec. 480 A. 08, subd. 3 (1994).

STATE OF MINNESOTA

IN COURT OF APPEALS

C9-95-2415

Kimberly A. Horman,

Relator,

vs.

Robert R. Martin, D.C.,

Respondent,

Commissioner of Economic Security,

Respondent.

Department of Economic Security

Agency File No. 4759UC95

Filed May 21, 1996

Affirmed

Toussaint, Chief Judge

David O'Connor, Kathleen O'Connor, 1500 Capital Centre, 386 North Wabasha Street, St. Paul, MN 55102 (for relator)

Ellis Olkon, Nancy K. Olkon, Olkon & Olkon, P.A., Suite 2402 Centre Village, 431 South 7th Street, Minneapolis, MN 55415 (for respondent Robert R. Martin)

Kent E. Todd, 390 North Robert Street, St. Paul, MN 55101 (for respondent Commissioner of Economic Security)

Considered and decided by Short, Presiding Judge, Toussaint, Chief Judge, and Foley, Judge.*

U N P U B L I S H E D O P I N I O N

TOUSSAINT, Chief Judge

On a petition for certiorari, Kimberly Horman challenges the Commissioner of Economic Security's representative's finding that she voluntarily quit her employment without good cause attributable to the employer. We affirm.

D E C I S I O N

Our review of cases involving reemployment benefits is extremely limited. Group Health Plan, Inc. v. Lopez, 341 N.W.2d 294, 296 (Minn. App. 1983). Upon review, the findings of the Commissioner are to "be viewed in the light most favorable to the decision, and if there is evidence reasonably tending to sustain them, they will not be disturbed." White v. Metropolitan Medical Ctr., 332 N.W.2d 25, 26 (Minn. 1983). The Commissioner has authority to:

disregard the findings of fact of the reemployment insurance judge and examine the evidence and make any findings of fact as the evidence may, in the judgment of the Commissioner require * * *

Minn. Stat. § 268.105, subd. 3 ( supp. 1995 ).

On appeal, we review the record to determine if there exists evidence that reasonably sustains the decision of the Commissioner. Tuff v. Knitcraft Corp., 526 N.W.2d 50, 51 (Minn. 1995) (reiterating that the task of this court is to review the findings of the Commissioner or its representative, not those of the referee, even though those findings might involve witness credibility). This court is not privileged to reweigh the evidence to determine where the preponderance lies. Nyberg v. R.N. Cardozo & Brother Inc., 243 Minn. 361, 364, 67 N.W.2d 821, 823 (Minn. 1954).

Horman argues that there is nothing in the record to support the Commissioner's representative's finding that Horman: (1) quit her employment because she wanted to stay at home with her baby; (2) was jealous of the relationship between Robert Martin and another employee, Paula Stasica, whom Martin later married; and (3) had an amicable working relationship with Martin.

There is evidence in the record to support the Commissioner's finding that Horman wanted to stay at home with her newborn baby. When Horman returned to work after having her baby, she reduced her working hours to 15 hours per week. Horman testified that one of the reasons she reduced her working hours was so that she could spend more time with her baby. Stasica testified that Horman said she wanted to quit in order to stay at home with the baby, but her husband opposed the idea.

There was also evidence regarding Horman's jealousy of the Martin and Stasica relationship. Stasica testified that she and Martin kept the relationship secret from Horman because of the way Horman would react to such information. In fact, the record contains evidence that Horman was upset when Stasica told her of the relationship.

Finally, there was evidence that Horman and Martin were congenial after their intimate relationship ended. Horman testified that after the intimate relations ceased, she got along well with Martin. However, she also testified that Martin did not always treat her well, and he yelled at her for not doing things the way he wanted, causing her to cry in the office. Nevertheless, she testified that because she enjoyed her job, she did not quit. Martin testified that his relationship with Horman remained friendly and casual.

This court will not reverse the Commissioner's decision if there is reasonable support in the evidence to sustain the Commissioner's decision. Tuff, 526 N.W.2d at 51.

There was evidence in the record reasonably supporting the Commissioner's representative's decision that Horman voluntarily quit her employment without good cause attributable to the employer.

Affirmed.

* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.