Keaten v. Maine Unemployment Ins. Comm'n

• Court: Superior Court of Maine
• Decided: January 7, 2013
• Docket: KENap-12-030
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT KENNEBEC, ss CIVIL ACTION Dqcket No. AP-12-0~,0' I N ;Vl -l

Petitioner

v. DECISION AND ORDER MAINE UNEMPLOYMENT INSURANCE COMMISSION,

Respondent

Before the court is the petitioner's appeal of the decision of the Maine

Unemployment Insurance Commission. M.R. Ov. P. 80C. For the following reasons,

the decision of the respondent is affirmed. .

The petitioner worked for the department of Health and Human Services as a

Health Care Financial Analyst. He decided to retire effective 12/30/11 because of an

amendment in the law regarding health insurance. See 5 M.R.S. § 285(7)0) (2012).

Pursuant to that amendment, if the petitioner had retired after 1/1/12, he would have

had to pay for his health insurance benefits until he reached normal retirement age. He

was concerned that, because of medical conditions, he would not be able to work until

his normal retirement age of 62. He was also concerned that his job would be

eliminated. (R. 48-55, 58, 69-70, 76, 80-81, 95.)

The petitioner did not speak to anyone in Human Resources about other options

and did not apply for disability retirement. (R. 58, 64-65, 74.) The petitioner's Workers' Compensation claim was denied. (R. 51.)

The petitioner's application for unemployment benefits was denied because he voluntarily retired. (R. 102-03.) After appeal and hearing, the Hearing Officer determined that the petitioner retired. (R. 13-15; 16-99\) After further appeal, the

Unemployment Insurance Commission affirmed and adopted the decision of the

Hearing Officer. (R. 5-6.) The petitioner's motion for reconsideration was denied. (R.

1-2, 4.)

Competent evidence on the record to supports the Commission's findings and

the law was correctly applied. See Boucher v. Maine Unemployment Comm'n, 464 A.2d

171, 174 (Me. 1983). The petitioner retired and is not eligible for benefits. See 26 M.R.S.

§ 1193(1)(B) (2012).

The entry is

The Decision of the Maine Unem oyment Insurance Commission is AFFIRMED.

Dated: January 7, 2013 ancy Mills Justice, Superior

1 Other issues on appeal were discussed but were not the subject of the hearing. (R. 20-41; R 100-03.)

2 Date Filed 6/27/12 Kennebec Docket No. AP-12-30 County

Action: Petition for Review J. MILLS 80C

Steven R. Keaten vs. Unemployment Insurance Commission

Plaintiff's Attorney Defendant's Attorney

Steven R. Keaten, ProSe Elizabeth Wyman, AAG PO Box 6274 6 State House Station China Village, ME 04921 Augusta Maine 04333-0006

Date of Entry

6/29/12 Petition For Review, filed 6/27/12. s/Keaten Pro Se

7/18/12 Letter entering appearance, filed. s/Wyman, AAG

8/9/12 Administrative Record, filed. s/Wyman, AAG (filed (8/2/12) NOTICE AND BRIEFING SCHEDULE ISSUED: Copies to attys. of record

8/20/12 Motion to Dismiss Justice, filed s/Keaten, ProSe Petitioner's Brief, filed. s/Keaten, Pro Se

9/17/12 Brief of Respondent Maine Unemployment Insurance Commission, s/Laubenstein, AAG

9/18/12 Petitioner's Response to Respondent's Final Brief, filed. s/Keaten, Pro Se

1/7/13 DECISION AND ORDER, Mills, J. The Decision of the Maine Unemployment Insurance Commission is AFFIRMED. Copies to atty./party

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