Dannenfelser v. Employment Security Board of Review

844 P.2d 41, 17 Kan. App. 2d 755, 1992 Kan. App. LEXIS 603
CourtCourt of Appeals of Kansas
DecidedDecember 23, 1992
DocketNo. 68,085
StatusPublished

This text of 844 P.2d 41 (Dannenfelser v. Employment Security Board of Review) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dannenfelser v. Employment Security Board of Review, 844 P.2d 41, 17 Kan. App. 2d 755, 1992 Kan. App. LEXIS 603 (kanctapp 1992).

Opinion

Briscoe, C.J.:

The Kansas Employment Security Board of Review (Board) appeals the district court’s decision granting unemployment benefits to Donna K. (Roberts) Dannenfelser. By [756]*756granting benefits, the district court reversed the Board’s decision. The Board had concluded Dannenfelser was disqualified from receiving unemployment benefits because she voluntarily terminated her employment without good cause attributable to her employment. It is undisputed that Dannenfelser voluntarily terminated her employment with the National Council on Alcoholism (Council) to move to another city to get married. The sole issue presented is whether her reason for terminating employment constituted a personal emergency under K.S.A. 1991 Supp. 44-706(a)(ll) which would relieve her from disqualification for receipt of unemployment benefits.

Dannenfelser was employed by the Council from September 21, 1983, to August 29, 1990. According to Dannenfelser, she voluntarily left that position in Topeka, Kansas, to move 106 miles to Florence, Kansas, to get married. When asked, Dannenfelser did not elaborate on her reasons for leaving her employment and did not offer additional or different reasons for her actions.

K.S.A. 1991 Supp. 44-706 provides that an individual shall be disqualified for benefits “(a) [i]f the individual left work voluntarily without good cause attributable to the work or the employer.” There are exceptions to this rule, however. An individual will not be disqualified if “after making reasonable efforts to preserve the work, the individual left work due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification.” K.S.A. 1991 Supp. 44-706(a)(ll). In the present case, the question of whether Dannenfelser made a reasonable effort to preserve her position has not been addressed. Instead, the parties have focused upon the question of whether Dannenfelser’s impending marriage was a “personal emergency of such nature and compelling urgency” under 44-706(a)(ll) to relieve her from disqualification for receipt of unemployment benefits.

Whether Dannenfelser was entitled to unemployment benefits had been the subject of three levels of administrative review within the Kansas Department of Human Resources prior to reaching the district court. Initially, the examiner héld that Dannenfelser’s move was for personal reasons only and not the result of a personal emergency. The examiner applied 44-706 to disqualify Dannenfelser from receiving benefits because she left her [757]*757employment “voluntarily without good cause attributable to the work or the employer.” The referee reversed the examiner, finding Dannenfelser had no reasonable alternative available and, therefore, her move was the result of a “compelling personal emergency.” The Board reversed the referee’s decision, finding that termination for the purpose of marriage “does not constitute a personal emergency of such compelling nature that it would be contrary to good conscience to impose a disqualification.”

On appeal, the district court reversed the Board’s decision, finding Dannenfelser’s impending marriage was a personal emergency which would satisfy the exception to disqualification for receipt of benefits in 44-706(a)(ll). The court noted 44-706(a)(4) provides that an individual will not be disqualified from receiving benefits if “the individual left work because of the voluntary or involuntary transfer of the individual’s spouse from one job to another job, which is for the same employer or for a different employer, at a geographic location which makes it unreasonable for the individual to continue work at the individual’s job.” The court concluded that, by the enactment of this provision, the legislature intended to preserve families. The court likewise concluded 44-706(a)(ll) should be interpreted to encourage the creation of families. As Dannenfelser’s spouse was permanently located 106 miles away from Dannenfelser’s place of employment, the court concluded she could not reasonably form a family with her new spouse and retain her position with the Council. The court stated the phrase “personal emergency” in 44-706(a)(ll) indicates that the “emergency” intended is not necessarily that associated with firetrucks or ambulances. As a result, the district court held the Board erroneously interpreted 44-706(a)(ll) by interpreting the statute too narrowly.

“The interpretation of a statute is a question of law and it is our function to interpret the statute to give it the intended effect. [Citation omitted.] The administrative interpretation of a statute will be given conideration and effect, but the final construction of a statute rests with the courts.” U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 247 Kan. 519, 524, 802 P.2d 516 (1990).

When interpreting statutes, courts are to give statutes the effect intended by the legislature. White v. VinZant, 13 Kan. App. 2d [758]*758467, 471, 773 P.2d 1169 (1989). The legislature is presumed to have understood the meaning of the words it used and used the words in their ordinary and common meaning. Rogers v. Shanahan, 221 Kan. 221, 223-24, 565 P.2d 1384 (1976). Therefore, “[w]hen a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be.” Martindale v. Tenny, 250 Kan. 621, Syl. ¶ 2, 829 P.2d 561 (1992). “A court has no right to enlarge the scope of the statute or to amend it by judicial interpretation.” Coe v. Security National Ins. Co., 228 Kan. 624, 629, 620 P.2d 1108 (1980).

Through amendments to 44-706, the legislature has shown it is sympathetic to the needs of families. The entire statute was amended in 1985, eliminating the provision that an individual shall be disqualified for benefits “[i]f an individual leaves work by the individual’s own action because of domestic and family responsibilities.” K.S.A. 1984 Supp. 44-706(a)(2). The 1985 amendment also added the provision relied upon by the district court, 44-706(a)(4).

Despite the foregoing, the language of the statute at issue here, 44-706(a)(ll), is clear — it requires an emergency. “Emergency” has consistently been defined to refer to situations that are unexpected and require immediate action. The statutes do not provide a relevant definition of the term, but Kansas case law has defined “emergency” in the context of tort law as “an unforeseen combination of circumstances which calls for immediate action.” Trinity Universal Ins. Co. v. Farmers Co-operative Exchange of Morland, 171 Kan. 501, Syl. ¶ 1, 233 P.2d 468 (1951). Black’s Law Dictionary 522-23 (6th ed.

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844 P.2d 41, 17 Kan. App. 2d 755, 1992 Kan. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dannenfelser-v-employment-security-board-of-review-kanctapp-1992.