STEVEN C. ZITZMAN v. BOARD OF REVIEW, DEPARTMENT OF LABOR and FORSA CONSTRUCTION, LLC and SCHNELL CONTRACTING SERVICES, LLC

(NOTE: The status of this decision is .)
 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4845-07T14845-07T1

STEVEN C. ZITZMAN,

Appellant,

vs.

BOARD OF REVIEW, DEPARTMENT OF

LABOR and FORSA CONSTRUCTION, LLC

and SCHNELL CONTRACTING SERVICES, LLC,

Respondents.

__________________________________

 

Submitted: April 22, 2009 - Decided:

Before Judges Cuff and Fisher.

On appeal from the Board of Review, Department of Labor, Docket No. 172,482.

Steven C. Zitzman, appellant pro se.

Anne Milgram, Attorney General, attorney for respondent Board of Review, Department of Labor (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Alan C. Stephens, Deputy Attorney General, on the brief).

PER CURIAM

Claimant Steven C. Zitzman seeks review of a final decision of the Board of Review (Board) that holds him disqualified from receipt of unemployment benefits. We affirm.

N.J.S.A. 43:21-5(a) provides that a person who leaves a job voluntarily without good cause attributable to the work is disqualified from receipt of unemployment benefits. Here, the Board found that claimant left his job as a construction laborer to take a job as a mason. The new position was in a different and higher-paying trade. One month later, claimant lost his new position as a mason due to lack of work. He filed for unemployment benefits from his position as a laborer.

 
Our authority to review administrative agency decisions is limited. Brady v. Bd. of Review, 152 N.J. 197, 210 (1997). If the Board's factual findings are supported by "sufficient credible evidence, courts are obliged to accept them." Ibid. Here, there is substantial, credible evidence that claimant left his position as a construction laborer for a higher-paying job. This is a personal reason and is considered a "voluntary quit." We, therefore, affirm the Board's decision disqualifying claimant from receipt of unemployment benefits and requiring refund of benefits paid.

Affirmed.

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A-4845-07T1

May 13, 2009