GLADYS JOHNS v. BOARD OF REVIEW, DEPARTMENT OF LABOR

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5093-04T15093-04T1

GLADYS JOHNS,

Claimant-Appellant,

v.

BOARD OF REVIEW, DEPARTMENT OF LABOR,

-Respondent,

and

JEWISH GERIATRIC HOME,

Respondent-.

______________________________________

 

Submitted: March 28, 2006 - Decided April 6, 2006

Before Judges Kestin and R. B. Coleman.

On appeal from the Board of Review, Department of Labor.

Gladys Johns, appellant pro se.

Zulima V. Farber, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Jennifer B. Pitre, Deputy Attorney General, on the brief).

No brief was filed by any other party.

PER CURIAM

Claimant was a Certified Nurse's Aide. She knew she was required to renew her Certified Nurse's Aide license every two years. In July 2004, the employer notified her that her license would expire in November. When she tried to renew her license she was unable to do so because her State identification card, which she needed to renew the license, had expired. Claimant was not able to renew the license before it expired and the employer terminated her because she could not work without a license.

Claimant applied for unemployment compensation benefits and the Director's deputy determined she was eligible. The employer appealed. The Appeal Tribunal reversed, holding claimant to be ineligible for benefits. The Board of Review affirmed the ruling of the Appeal Tribunal. Claimant appeals from that decision.

Claimant was in a situation similar to that explored in Yardville Supply Co. v. Board of Review, 114 N.J. 371 (1989). Where it is reasonably foreseeable that an employee's voluntary conduct will render him or her unemployable because of the loss of a license that is a prerequisite to the employment, then the employee is considered to have left work voluntarily when his or her own conduct leads to the loss of the license. See Id. at 377. N.J.S.A. 43:21-5(a) provides that a person is ineligible for unemployment benefits if he or she leaves work voluntarily and not for good cause attributable to the work.

The Board of Review, in adopting the Appeal Tribunal's decision, applied the law correctly. The scope of our review of that decision is limited. We are obliged to defer to a Board decision that is based upon an accurate view of the facts, is legally correct, and bears no indicia of arbitrariness, caprice, or unreason. See Brady v. Board of Review, 152 N.J. 197, 210-11 (1997); In re Warren, 117 N.J. 295, 296-97 (1989).

We, therefore, affirm the Board of Review decision denying unemployment compensation benefits to this claimant.

 

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A-5093-04T1

April 6, 2006