O'Donnell v. DWS

IN THE UTAH COURT OF APPEALS
 

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Sandy J. O'Donnell,

Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050339-CA
 

F I L E D
(June 16, 2005)
 

2005 UT App 266

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Original Proceeding in this Court

Attorneys: Sandy J. O'Donnell, Cape Coral, Florida, Petitioner Pro Se

Michael R. Medley, Salt Lake City, for Respondent

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Before Judges Billings, Jackson, and Orme.

PER CURIAM:

    Petitioner Sandy J. O'Donnell appeals from a decision of the Workforce Appeals Board (Board), affirming the decision of an administrative law judge denying unemployment benefits. O'Donnell argues that the Board erred when it concluded that she quit her employment voluntarily, without good cause, to accompany her spouse when he relocated to Florida. This matter is before the court pursuant to the Board's motion for summary disposition. We affirm.

    Utah Code section 35A-4-405(1)(a) provides that an individual is ineligible for benefits "for the week in which the claimant left work voluntarily without good cause, if so found by the division." Utah Code Ann. § 35A-4-405(1)(a) (Supp. 2004). Subsection (b) states that a "claimant may not be denied eligibility for benefits if the claimant leaves work under circumstances where it would be contrary to equity and good conscience to impose a disqualification." Id. § 35A-4-405(1)(b). However, subsection (d) makes clear that "a claimant who has left work voluntarily to accompany, follow, or join the claimant's spouse to or in a new locality does so without good cause for purposes of Subsection (1)." Id. § 35A-4-405(1)(d).

    Section 35A-4-405(1)(d) excludes circumstances where a claimant has "left work voluntarily to accompany, follow, or join" a spouse in a new locality. Id. The statute is a clear and express limit on the Board's discretion. See Chandler v. Department of Employment Sec., 678 P.2d 315, 318 (Utah 1984) (upholding predecessor statute and describing purpose of statute).

    It is undisputed that O'Donnell terminated her employment to follow her husband to Florida where he accepted new employment. Accordingly, the Board correctly concluded that, pursuant to Utah Code section 35A-4-405(1), the "Board does not have authority to award unemployment insurance benefits in this case."

    We affirm the Board's decision.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Norman H. Jackson, Judge

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Gregory K. Orme, Judge