Madsen v. Adam Corp.

647 N.W.2d 35, 2002 Minn. App. LEXIS 769, 2002 WL 1425383
CourtCourt of Appeals of Minnesota
DecidedJuly 2, 2002
DocketC9-01-2246
StatusPublished
Cited by4 cases

This text of 647 N.W.2d 35 (Madsen v. Adam Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Madsen v. Adam Corp., 647 N.W.2d 35, 2002 Minn. App. LEXIS 769, 2002 WL 1425383 (Mich. Ct. App. 2002).

Opinion

OPINION

HUSPENI, Judge. *

Relator seeks reversal of the decision of the Department of Economic Security that relator voluntarily quit her employment. She contends that because a medical condition prevented her from standing for her entire shift, and because she discussed that condition with her supervisor and sought to change to a job within the company that did not require constant standing, the medical necessity exception contained in Minn.Stat. § 268.095, subd. 1(7) (2000), applies and she is entitled to unemployment benefits. We agree that the medical exception set forth in the statute has been met, and we reverse.

PACTS

Relator Sandra D. Madsen worked at respondent' Adam Corporation, a printing company, from the fall of 1997 to June 1, 2001. At the time of the termination of her employment, she worked full-time in the pressroom. Her job required her to stand for her entire shift, and she suffered from varicose veins.

On April 24, 2001, Madsen’s personal physician told her she was a candidate for surgery to correct her varicose veins. Her physician also recommended that she remain off her feet as much as possible, wear support stockings, and take an aspirin each day.

On April 24. or 27, 2001, Madsen met with her supervisor, Mark Tobin, and told him that her physician had recommended that she remain off her feet as much as possible. She also told him that she was quitting, effective June 1, 2001, due to the contemplated surgery. She also told To-bin that she wanted to spend the summer with her children and that she did not want to punch a clock.

Tobin testified that he put a note in Madsen’s file recording her -resignation and indicating that her reasons for resigning were that the job was not what she wanted to be doing for the rest of her life, she needed time off for surgery on her legs, she did not like punching in for work, she was going to work with her mother at an auction house, and she wanted to spend the summer with her children.

Madsen testified that at the April 2001 meeting, she and Tobin had discussed that there were no jobs with the employer that would allow her to sit except in the binding department. Neither thought that the binding job would be appropriate because *37 it was not full-time and .would require a pay cut. Tobin testified that he told Mad-sen at the April 2001 meeting that he would allow her a week to, change her mind about resigning. Tobin testified that he had discussed the bindery job with Madsen at the April meeting with .her, hut stated at the hearing that Madsen’s request for “accommodation” of her health condition occurred only after Tobin received a written note, on May 81, 2001, from Madsen’s physician setting forth her work restrictions.

On approximately May 15, 2001, Madsen visited a surgeon who advised her that she was not a surgery candidate. 1 Shortly thereafter, she again spoke with Tobin and asked him for a leave of absence instead of a resignation. Tobin indicated that he would investigate, and later' reported to her that the company’s president had already accepted her written resignation. Tobin and Madsen agreed that her last day of work would be June 1, 2001.

On May 31, 2001, Madsen provided To-bin a doctor’s note stating that she “should be off her feet as much as possible.” (Emphasis in original.) Tobin testified that he had assigned Madsen to the bindery that day, thereby accommodating her medical needs.

Madsen worked her last day on June 1, 2001. Respondent Department of Economic Security denied her subsequent application for unemployment benefits. That denial was affirmed by both the unemployment law judge and the commissioner’s representative.

The commissioner’s representative stated in part:

[Madsen] gave her notice of quitting on April 27-,'2001,'well before she requested any sort of accommodation and well before she submitted to the employer any specific medical evidence that she, be assigned other work. * * * She submitted a notice of resignation before she * * * submitted anything from her physician to the employer. The exception to disqualification is, therefore, not applicable. 2

ISSUE

Did relator, who discussed an alternate position within the company with her immediate supervisor, while offering her resignation due to a serious illness or injury that made it medically necessary for her to quit, make reasonable efforts to remain in her employment?

ANALYSIS

Our review in economic security cases is narrow. McGowan v. Executive Express Transp. Enters., 420 N.W.2d 592, 594 (Minn.1988). When reviewing a decision of the commissioner’s representative, we consider whether there is reasonable support in the evidence to sustain the decision.. Tuff v. Knitcraft Corp., 526 N.W.2d 50, 51 (Minn.1995). We will not disturb the findings of the commissioner’s representative when, viewed in the light most *38 favorable to the decision, the findings are reasonably supported by the evidence. Lolling v. Midwest Patrol, 545 N.W.2d 372, 377 (Minn.1996). However, the com struction of a statute is a question of law and we are not bound by the agency’s conclusions. Id. at 375.

Applicants for unemployment benefits who quit their employment “shall be disqualified from all unemployment benefits.” Minn.Stat. § 268.095, subd. 1 (Supp.2001). An exception exists where

the applicant’s serious illness or injury made it medically necessary that the applicant quit, provided that the applicant made reasonable efforts to remain in that employment in spite of the serious illness or injury.
Reasonable efforts to remain in that employment are those a reasonable individual would make if interested in remaining with the employer and require that the applicant inform the employer of the serious illness or injury and request accommodation.

Minn.Stat. § 268.095, subd. 1(7).

Madsen argues that she would have continued in her employment had there been a job she could have performed consistent with her medical restrictions. Respondent argues that Madsen quit,- disqualifying her from unemployment benefits, and that no statutory exemption prevents her disqualification. While respondent presents no cognizable argument that Madsen does not suffer from a serious illness or injury that made it medically necessary for her to quit, respondent argues that Madsen did not make reasonable efforts to remain in her employment or request accommodations, or that if she did, her only request for accommodations, her doctor’s note provided on May 31, 2001, occurred after she had submitted her resignation.

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647 N.W.2d 35, 2002 Minn. App. LEXIS 769, 2002 WL 1425383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madsen-v-adam-corp-minnctapp-2002.