Miller v. Minnetonka Health Care Center, Inc.

Court of Appeals of Minnesota

Miller v. Minnetonka Health Care Center, Inc.

359 N.W.2d 684, 1984 Minn. App. LEXIS 3932

CourtCourt of Appeals of Minnesota

DecidedDecember 24, 1984

DocketNo. C3-84-1166

StatusPublished

Cited by1 cases

This text of 359 N.W.2d 684 (Miller v. Minnetonka Health Care Center, Inc.) 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.

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Miller v. Minnetonka Health Care Center, Inc., 359 N.W.2d 684, 1984 Minn. App. LEXIS 3932 (Mich. Ct. App. 1984).

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Opinion

SUMMARY OPINION

NIERENGARTEN, Judge.

FACTS

Relator Barbara Jo Miller was employed by respondent Minnetonka Health Care Center as a Director of Nursing until she terminated her employment on or about December 19, 1983. In a letter dated December 21, 1983, Miller informed the Min-netonka Center of her intent to resign, apparently for personal reasons. She missed the hearing before the referee and failed to appear at the review hearing. The Commissioner of Economic Security affirmed the decision of the referee determining that the termination was voluntary and without good cause attributable to the employer.

DECISION

The evidence in the record before the department referee reasonably supports the determination of the Commissioner and is not disturbed. White v. Metropolitan Medical Center, 332 N.W.2d 25 (Minn.1983). Any new matters raised for the first time on appeal are not considered. Plowman v. Copeland, Buhl & Co., 261 N.W.2d 581, 583 (Minn.1977). Accordingly, Miller was disqualified from receiving unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(1) (Supp. 1983).

Affirmed.

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SUMMARY OPINION

NIERENGARTEN, Judge.

FACTS

Relator Barbara Jo Miller was employed by respondent Minnetonka Health Care Center as a Director of Nursing until she terminated her employment on or about December 19, 1983. In a letter dated December 21, 1983, Miller informed the Min-netonka Center of her intent to resign, apparently for personal reasons. She missed the hearing before the referee and failed to appear at the review hearing. The Commissioner of Economic Security affirmed the decision of the referee determining that the termination was voluntary and without good cause attributable to the employer.

DECISION

The evidence in the record before the department referee reasonably supports the determination of the Commissioner and is not disturbed. White v. Metropolitan Medical Center, 332 N.W.2d 25 (Minn.1983). Any new matters raised for the first time on appeal are not considered. Plowman v. Copeland, Buhl & Co., 261 N.W.2d 581, 583 (Minn.1977). Accordingly, Miller was disqualified from receiving unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(1) (Supp. 1983).

Affirmed.

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359 N.W.2d 684, 1984 Minn. App. LEXIS 3932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-minnetonka-health-care-center-inc-minnctapp-1984.

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