In re the Claim of Mazzuka

Appellate Division of the Supreme Court of New York

In re the Claim of Mazzuka

25 A.D.2d 461, 266 N.Y.S.2d 288, 1966 N.Y. App. Div. LEXIS 5175

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 13, 1966

StatusPublished

This text of 25 A.D.2d 461 (In re the Claim of Mazzuka) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Mazzuka, 25 A.D.2d 461, 266 N.Y.S.2d 288, 1966 N.Y. App. Div. LEXIS 5175 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

Appeal by the employer from a decision of the Unemployment Insurance Appeal Board that claimant did not voluntarily leave his employment without good cause, as against the contention that he provoked his discharge by declining, after a surgical operation, to report to his place of employment for a medical examination there, rather than at his home, to determine whether he was able to return to work. The question of good cause is a factual one and well within the area of decision committed to the board. In this case the board found, upon evidence which it was entitled to accept, and which we find substantial, that: “ In view of the advice given to claimant by his physician that he could not return to work before July, and the fact that claimant had suffered from a rupture of the surgical sutures some weeks before, his reluctance to travel prematurely whether for a physical examination or resumption of work was not unreasonable. Claimant offered to be examined by the employer’s physician or by a physician authorized by the employer at his own homo, but the employer insisted that claimant travel to the place of employment to be examined there. Claimant reasonably exercised his judgment in not traveling to his place of employment to be examined by the employer’s physician before July 6. When, thereafter he was told that he was fit to resume working, claimant offered to do so the very next day.” Decision affirmed, with costs to respondent claimant.

Gibson, P. J., Herlihy, Reynolds, Aulisi and Hamm, J J., concur.

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Per Curiam.

Appeal by the employer from a decision of the Unemployment Insurance Appeal Board that claimant did not voluntarily leave his employment without good cause, as against the contention that he provoked his discharge by declining, after a surgical operation, to report to his place of employment for a medical examination there, rather than at his home, to determine whether he was able to return to work. The question of good cause is a factual one and well within the area of decision committed to the board. In this case the board found, upon evidence which it was entitled to accept, and which we find substantial, that: “ In view of the advice given to claimant by his physician that he could not return to work before July, and the fact that claimant had suffered from a rupture of the surgical sutures some weeks before, his reluctance to travel prematurely whether for a physical examination or resumption of work was not unreasonable. Claimant offered to be examined by the employer’s physician or by a physician authorized by the employer at his own homo, but the employer insisted that claimant travel to the place of employment to be examined there. Claimant reasonably exercised his judgment in not traveling to his place of employment to be examined by the employer’s physician before July 6. When, thereafter he was told that he was fit to resume working, claimant offered to do so the very next day.” Decision affirmed, with costs to respondent claimant.

Gibson, P. J., Herlihy, Reynolds, Aulisi and Hamm, J J., concur.

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Bluebook (online)

25 A.D.2d 461, 266 N.Y.S.2d 288, 1966 N.Y. App. Div. LEXIS 5175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mazzuka-nyappdiv-1966.