Komarec v. Illinois Department of Labor

494 N.E.2d 1257, 144 Ill. App. 3d 1105, 98 Ill. Dec. 930, 1986 Ill. App. LEXIS 2446
CourtAppellate Court of Illinois
DecidedJune 26, 1986
Docket2-85-0253
StatusPublished
Cited by10 cases

This text of 494 N.E.2d 1257 (Komarec v. Illinois Department of Labor) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Komarec v. Illinois Department of Labor, 494 N.E.2d 1257, 144 Ill. App. 3d 1105, 98 Ill. Dec. 930, 1986 Ill. App. LEXIS 2446 (Ill. Ct. App. 1986).

Opinion

JUSTICE LINDBERG

delivered the opinion of the court:

Defendants, Board of Review (Board) and Illinois Department of Labor (Department), appeal from an order of the circuit court of Winnebago County, entered in an administrative review proceeding, which reversed the Board’s determination that plaintiff, Theo Komarec, was not qualified for unemployment-insurance benefits under the provisions of section 601(A) of the Unemployment Insurance Act (Ill. Rev. Stat. 1981, ch. 48, par. 431(A)). Defendants argue that the trial court’s order must be reversed because the Board’s prior determination that plaintiff left work without good cause attributable to his employer is supported by substantial evidence in the record. We affirm.

Plaintiff had been employed as a $12-per-hour machinist with the Kotter Transmission Company before he was laid off. He filed a claim for unemployment-insurance benefits with the Division of Unemployment Insurance.

In April 1983, while collecting benefits, Komarec registered with the Norrell Service Company (Norrell), a temporary placement service, in order to supplement his employment benefits. For the first two months plaintiff received two temporary assignments, totaling 13 hours of work. On June 10, 1983, Norrell assigned plaintiff to Carnear Industries (Carnear), in the position of laborer, to substitute for a vacationing employee. Plaintiff’s employment at Carnear continued for approximately four weeks at a wage of $3.35 per hour. While assigned to Carnear plaintiff was considered an employee of Norrell and received his checks from Norrell. At the end of this period Carnear offered plaintiff an additional week of employment. He refused, however, stating that he would be gone for seven to ten days on his annual fishing trip. He told Carnear, as well as Norrell, that he would be available for work on his return. When plaintiff returned from his trip he continued to receive calls from Norrell regarding possible employment.

Plaintiff did not apply for unemployment benefits for the week he was gone. He subsequently applied for and received weekly benefits from July 17 through August 13, 1983. Norrell filed an Employer Notice of Possible Ineligibility with the Department of Labor, Division of Unemployment Insurance, stating on the form that plaintiff “[q]uit voluntarily for personal reasons.” The claims adjudicator determined that on July 8, 1983, plaintiff left work at Norrell “voluntarily without good cause attributable to the employer” and found plaintiff ineligible for benefits during the period July 17 through August 13, 1983.

Thereafter plaintiff filed a notice of reconsideration and appeal from the claims adjudicator’s decision to the referee. During a hearing on plaintiff’s appeal, plaintiff testified that his work at Carnear was “very boring and tedious,” the wages he received from Norrell began at $4.75 but were later reduced to $3.35, and that the benefits at Norrell were “nil.” He further testified that he did not “quit” Carnear; he merely advised them he would be gone several days and stated, “I will be back. I -will be available for work ***.” After the hearing the referee affirmed the claims adjudicator’s decision that plaintiff’s reason for leaving work was a personal reason not in any respect attributable to the employer and, thus, plaintiff left work voluntarily without good cause.

Thereafter plaintiff filed a notice of appeal to the Board of Review. The Board found that the referee’s findings of fact and decision were supported by the record and law and affirmed the referee’s decision.

On administrative review the circuit court of Winnebago County reversed and found that the work offered plaintiff was unsuitable within the meaning of section 603 of the Unemployment Insurance Act (Ill. Rev. Stat. 1981, ch. 48, par. 433) and Crocker v. Department of Labor (1984), 121 Ill. App. 3d 185. The court also found the decision of the Department to be against the manifest weight of the evidence.

The issue in this appeal is the validity of the Board’s initial determination that Komarec was ineligible for unemployment-insurance benefits because he voluntarily left work without cause. Section 601(A) of the Unemployment Insurance Act provides in relevant part:

“An individual shall be ineligible for benefits for the week in which he has left work voluntarily without good cause attributable to the employing unit and, thereafter, until he has become reemployed ***.” Ill. Rev. Stat. 1981, ch. 48, par. 431(A).

Our function on review of the Board’s determination is limited to ascertaining whether its finding of facts are sustained by the evidence (Yadro v. Bowling (1980), 91 Ill. App. 3d 889.) It is axiomatic that an agency’s findings concerning factual questions are prima facie true and correct and the agency’s decision should not be disturbed on review unless it is contrary to the manifest weight of the evidence (Ill. Rev. Stat. 1981, ch. 110, par. 3—110). (Gregory v. Bernardi (1984), 125 Ill. App. 3d 376, 381; Crocker v. Department of Labor (1984), 121 Ill. App. 3d 185, 189; Thompson v. Board of Review (1983), 120 Ill. App. 3d 1, 4.) If the issue merely involves conflicting testimony and the credibility of the witness, the agency’s determination should be upheld. (Gregory v. Bernardi (1984), 125 Ill. App. 3d 376, 383.) Also, given its limited function in an unemployment-compensation case, the judiciary will not reweigh the evidence adduced at its administrative hearing (Sheff v. Board of Review (1984), 128 Ill. App. 3d 347, 350; Thompson v. Board of Review (1983), 120 Ill. App. 3d 1, 4) or substitute its judgment for that of the agency unless the administrative findings are without substantial support in the record (Gregory v. Bernardi (1984), 125 Ill. App. 3d 376, 381; see James v. Department of Labor (1983), 119 Ill. App. 3d 524, 527). (See Clark v. Board of Review (1984), 126 Ill. App. 3d 559, 562.) A finding is against the manifest weight of the evidence if an opposite conclusion is clearly evident. (Doran v. Department of Labor (1983), 116 Ill. App. 3d 471, 474; Meyers v. Illinois Department of Public Aid (1983), 114 Ill. App. 3d 288, 291; see Thompson v. Board of Review (1983), 120 Ill. App. 3d 1, 5; Clark Oil & Refining Corp. v. Golden (1983), 114 Ill. App. 3d 300, 308.) However, if, after reviewing all the evidence, the appellate court determines that the administrative decision was erroneous, it has a duty to reverse the agency’s determination. Sheff v. Board of Review (1984), 128 Ill. App. 3d 347, 350.

The cardinal purpose of the Unemployment Insurance Act (Ill. Rev. Stat. 1981, ch. 48, par. 300 et seq.) is to provide compensation benefits to unemployed individuals in order to alleviate their economic distress that was occasioned by involuntary unemployment. (Wadlington v. Mindes (1970), 45 Ill. 2d 447, 452, appeal dismissed (1970), 400 U.S. 935, 27 L. Ed. 2d 242, 91 S. Ct. 252; Clark v. Board of Review (1984), 126 Ill. App. 3d 559, 561; Lipman v. Board of Review (1984), 123 Ill. App. 3d 176, 179.) The receipt of unemployment-insurance benefits in this State is a conditional right, and a claimant bears the burden of establishing eligibility before the agency. (Clark v. Board of Review (1984), 126 Ill. App. 3d 559, 561; Lipman v. Board of Review (1984), 123 Ill. App. 3d 176, 181; Crocker v. Department of Labor (1984), 121 Ill. App. 3d 185, 188; Thompson v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

American Kitchen Delights, Inc. v. Illinois Department of Employment Security
2020 IL App (1st) 190786-U (Appellate Court of Illinois, 2020)
Lester v. Department of Employment Security
819 N.E.2d 1143 (Appellate Court of Illinois, 2004)
Village of Montgomery v. Illinois Commerce Commission
618 N.E.2d 1295 (Appellate Court of Illinois, 1993)
Wilson v. Department of Employment Security
554 N.E.2d 1006 (Appellate Court of Illinois, 1990)
Farmers Insurance Exchange v. Department of Labor
542 N.E.2d 538 (Appellate Court of Illinois, 1989)
Lyles v. Department of Transportation
539 N.E.2d 833 (Appellate Court of Illinois, 1989)
Acorn Corrugated Box Co. v. Illinois Human Rights Commission
536 N.E.2d 932 (Appellate Court of Illinois, 1989)
Behling v. Department of Labor
525 N.E.2d 1021 (Appellate Court of Illinois, 1988)
Barron v. Ward
517 N.E.2d 591 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
494 N.E.2d 1257, 144 Ill. App. 3d 1105, 98 Ill. Dec. 930, 1986 Ill. App. LEXIS 2446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/komarec-v-illinois-department-of-labor-illappct-1986.