Saccomani v. DWS

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Mario N. Saccomani,
Petitioner,

v.

Workforce Appeals Board,
Utah Department of Workforce Services;
and Brigham City Corporation,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000130-CA

F I L E D
July 28, 2000 2000 UT App 227 -----

Original Proceeding in this Court

Attorneys:
Mario N. Saccomani, Brigham City, Petitioner Pro Se
Suzan Pixton, Salt Lake City, for Respondent Workforce Appeals Board

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Before Judges Billings, Davis, and Orme.

PER CURIAM:

Petitioner Mario N. Saccomani seeks judicial review of the Workforce Appeals Board's (Board) decision denying him unemployment benefits. Following a hearing, an Administrative Law Judge (ALJ) denied benefits, concluding that Saccomani voluntarily quit work without good cause and it would not be contrary to equity and good conscience to impose a disqualification from benefits. The Board affirmed the ALJ's decision.

Testimony demonstrated that Saccomani had become dissatisfied with his employment, but planned to continue to work until his anniversary date of September 8, 1999. However, when presented with a written reprimand that he disagreed with, he quit on April 7, 1999. Because he was receiving retirement benefits from Texas, he planned to live on those benefits and savings until he became eligible to receive social security benefits. He did not seek unemployment benefits or search for work until September, 1999, when he became concerned that his available funds might not be adequate. Saccomani testified that after he quit, he learned that he had heart problems that he claimed were the result of job-related stress. This condition was not known at the time he quit, and he presented no medical evidence at the hearing linking it to his employment.

In his appeal from the ALJ's decision, Saccomani raised new claims related to allegedly unsafe work conditions, his health condition, and alleged illegality related to his employment. He also submitted documents that had not been admitted into evidence. His new claims reflect a belated attempt to conform his claims to the administrative rules discussed in the ALJ's decision. Similarly, in his brief, he now claims he was forced to resign, he was a victim of age discrimination, and he was required to work in an unsafe or illegal environment. The claims asserted for the first time before the Board or before this court have no basis in the testimony and evidence presented by either party at the hearing and will not be considered. See Brown & Root Indus. v. Industrial Comm'n, 947 P.2d 671, 677 (Utah 1997) ("We have consistently held that issues not raised in proceedings before administrative agencies are not subject to judicial review except in exceptional circumstances."). Although health concerns were raised at the hearing, the testimony did not support a claim that these concerns precipitated the decision to quit.

We will not overturn the agency's "decision regarding voluntariness and good cause unless we determine it has abused [its] discretion." Robinson v. Department of Employment Sec., 827 P.2d 250, 252 (Utah Ct. App. 1992). We conclude the agency did not abuse its discretion in determining Saccomani voluntarily quit without good cause. The agency's determination on equity and good conscience will be affirmed if it is reasonable. See id. at 254. The testimony demonstrated that Saccomani did not have a continuing attachment to the work force and intended to retire if he had sufficient resources. Accordingly, we affirm the Board's determination that the equity and good conscience exception did not apply to this case.

Finally, Saccomani seeks relief that is clearly beyond the scope of judicial review of the Board's decision. Saccomani's requests that his former employer issue a full apology and a letter of recommendation and delete all letters of reprimand from his file are not properly before this court and are, accordingly, denied.

The Board's decision is affirmed.
 
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge