Davis v. Department of Employment Security

438 A.2d 375, 140 Vt. 269, 1981 Vt. LEXIS 601
CourtSupreme Court of Vermont
DecidedOctober 16, 1981
Docket445-79
StatusPublished
Cited by10 cases

This text of 438 A.2d 375 (Davis v. Department of Employment Security) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Department of Employment Security, 438 A.2d 375, 140 Vt. 269, 1981 Vt. LEXIS 601 (Vt. 1981).

Opinion

Barney, C.J,

This case tests the adequacy of a physician’s medical report to determine the disqualification status of a claimant for unemployment compensation under 21 V.S.A. § 1344(a), when she claims that she left her last employment because of a health condition which precluded the discharge of her normal duties. The Department of Employment Security, appellee here, accepted the report of the claimant’s physician and disqualified Heloise Davis from receiving benefits for one week under 21 V.S.A. § 1344(a) (3), which requires that the health condition be “certified by a physician.” Claimant Davis does not dispute that decision. The employer-appellant, however, claims that benefits should instead have been withheld until claimant had earnings in excess of six times her weekly benefit amount, under subsection (a) (2) (A), because *272 she left her employment voluntarily without good cause. We find the report at issue here sufficient to satisfy the statutory requirement and affirm the decision of the Employment Security Board.

Heloise Davis had taught school for ten years in the Town of Canaan, Vermont, when in December, 1977, her health began to deteriorate. A previously diagnosed diabetic, Davis began to suffer a host of disturbances which by the following spring had grown to include depression, crying “jags,” hysteria, blurred vision, migraine headaches and exhaustion. She was placed on medication for the depression, continued the insulin she was already taking daily, and taught for the remainder of the school year, against the recommendation of her physician, but with his consent.

In April of 1978 Ms. Davis was offered, as was usual, a renewal contract to teach for the following school year. She was instructed to return the contract either signed or unsigned. Davis’ physician advised her not to consider future employment until the end of the summer, and when school officials ruled out the possibility of a medical leave of absence, Davis returned the contract unsigned. She completed her teaching duties on June 15, 1978, and did not return to work in September. In November, after a number of months at home, she filed for unemployment benefits, stating that her physician had told her that she could now return to the duties of a teacher.

When Davis filed her claim for unemployment compensation, she was given a standard medical report form issued by the Department of Employment Security, to be completed and returned by her personal physician. The form was one page in length and consisted of ten questions, each of which the physician was to answer, if relevant, by filling in a blank space or checking “yes” or “no.” He was alerted at the top of the page:

TO EXAMINING PHYSICIAN: The information requested herein is necessary to, and will serve as basis for, determination of eligibility for unemployment benefits.

The questions, to which Davis’ physician provided responses, covered the nature of her disability, the first and last dates on which he had seen her for the condition, and whether *273 Ms.. Davis, in the physician’s opinion, could perform her normal duties as a teacher on the first day she claimed incapacity, and on the effective date of the claim. Ms. Davis’ physician stated that she suffered from poorly controlled diabetes and from.' depression, that he had followed her for this condition from 1974 to the present, and that as of June 15, 1978, she could not perform the duties of a teacher, but as of November 4, 1978, was once again able to do so. Space was provided for additional comment, which the physician chose to leave blank. The form was dated and signed.

As its first claim of error, the appellant contends that the medical report submitted by claimant’s physician was not a physician’s certificate within the meaning of 21 V.S.A. § 1344(a) (3). It maintains that, at a minimum, the statute requires the physician to testify that he knows (1) when the claimant left the employ of the last employing unit, and (2) that at the time the employee left, she left because of a health condition. Appellant further maintains that ideally the certificate should also include a statement that (3) the health condition for which the employee left her employment precluded the discharge of duties inherent in that employment. The statute contains none of these requirements. The plain language requires only that a physician certify the health condition asserted by the claimant.

Unemployment compensation laws are remedial in nature and are to be liberally construed to effectuate the rights accorded under them, Willard v. Vermont Unemployment Compensation Commission, 122 Vt. 398, 399, 173 A.2d 843, 845 (1961). The underlying purposes are to remove economic disabilities and distress resulting from involuntary unemployment, In re Potvin, 132 Vt. 14, 313 A.2d 25 (1973), and to assist those workers who become jobless for reasons beyond their control, Schneider v. Vermont Employment Security Board, 133 Vt. 187, 333 A.2d 104 (1975). To “certify” means to “authenticate or vouch for a thing in writing. To attest as being true or as represented.” Black’s Law Dictionary 207 (5th ed. 1979); 14 C.J.S. 114. A medical report, signed by a physician, is authenticated; once so authenticated, the opinion constitutes a certificate. Rector v. F. J. O’Hara & Sons, Inc., 222 A.2d 243, 244-45 (Me. 1966). Absent statutory provision *274 declaring a particular form of certification, any form which affirms the fact in writing is sufficient. In re Kostohris’ Estate, 96 Mont. 226, 237, 29 P.2d 829, 834 (1934); State ex rel. Scotten v. Brill, 58 Minn. 152, 156, 59 N.W. 989, 990-91 (1894); State v. Schwin, 65 Wis. 207, 213, 26 N.W. 568, 570 (1886).

Appellant also claims error in the introduction of the physician’s report into evidence. Although it admits that proceedings of the Employment Security Board are not bound by common law or statutory rules of evidence, or by technical or formal rules of procedure except as otherwise provided by statute, 21 V.S.A. § 1351, appellant nevertheless contends that its right to a fair hearing was violated because the report contained irrelevant and immaterial statements and was not of a type commonly relied on.

The Employment Security Board is required to conduct hearings in such a manner as to ascertain the substantial rights of the parties, and this standard prevails over the admissibility of documentary evidence when an administrative proceeding is reviewed. Longe v. Department of Employment Security, 135 Vt. 460, 380 A.2d 76 (1977).

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Bluebook (online)
438 A.2d 375, 140 Vt. 269, 1981 Vt. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-department-of-employment-security-vt-1981.