VERLEEN K. McKENZIE v. BOARD OF REVIEW

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2660-04T12660-04T1

VERLEEN K. McKENZIE,

Claimant-Appellant,

v.

BOARD OF REVIEW AND CARE ONE

DUNROVAN HEALTH CARE CENTER,

Respondents-Respondents.

________________________________________________________________

 

Submitted September 21, 2005 - Decided

Before Judges Fall and Parker.

On appeal from a Final Decision of the

Board of Review, Department of Labor, 49,313.

Verleen McKenzie, appellant pro se.

Peter C. Harvey, Attorney General of New

Jersey, attorney for respondent Board of Review

(Michael J. Haas, Assistant Attorney General,

of counsel; Alan C. Stephens, Deputy Attorney

General, on the brief).

Respondent Care One Dunrovan Health Care Center

did not file a brief.

PER CURIAM

Claimant Verleen K. McKenzie appeals from a Board of Review (Board) determination that she was disqualified for unemployment compensation because she left work voluntarily without good cause attributable to the work. N.J.S.A. 43:21-5(a).

Claimant resigned from her employment with Care One Dunrovan Health Care Center on July 28, 2004, and applied for unemployment compensation. When she received notice that she was disqualified for benefits, she appealed to the Appeal Tribunal.

The matter was heard on November 1, 2004, during which claimant testified that she had been employed at the nursing home as an activity assistant with responsibility for providing activity services and programs for the residents. She was also responsible for data entry of each resident's activities on a computer program known as the Minimum Data Status (MDS). A new activities director was hired in June 2003, and claimant believed her responsibilities were being changed. She testified that she decided to quit because the changes in her work were inconsistent with her job responsibilities and she was being positioned for dismissal. She also testified that stress from the job was making her ill.

After the hearing, the Appeal Tribunal determined that claimant left work voluntarily without good cause attributed to work and the Board affirmed. In this appeal, claimant argues that the stress of her job was making her physically ill; her blood pressure was high and she was forced to leave for the sake of her health. Claimant did not, however, present any medical evidence to support her claim.

The Appeal Tribunal is required to issue a decision based upon the evidence presented. See In re Taylor, 158 N.J. 644, 655 (1999). Our role in reviewing administrative decisions is limited to a determination of whether the decision was arbitrary, capricious or unreasonable. Id. at 657. We do not make an independent assessment of the evidence. Id. at 656. Moreover, we accord a strong presumption of reasonableness to the decision of an administrative agency. Smith v. Ricci, 89 N.J. 514, 525 (1982); Newark v. Natural Res. Council, 82 N.J. 530, 539, cert. denied, 449 U.S. 983, 101 S. Ct. 400, 66 L. Ed. 2d 245 (1980).

Applying these principles to the record before us, we are satisfied that the Board's decision was neither arbitrary, capricious nor unreasonable, and we affirm for the reasons stated in the Appeal Tribunal decision dated November 5, 2004.

 
Affirmed.

Although claimant has indicated Dunrovan Health Care Center was her employer and identified the employer as such in the caption, the Department of Labor, Appeal Tribunal and Board of Review all refer to the employer as Millennium Healthcare Centers, LLC.

(continued)

(continued)

3

A-2660-04T1

September 28, 2005