Stark Area Regional Transit Authority v. Ohio Department of Job & Family Services

932 N.E.2d 396, 187 Ohio App. 3d 413
CourtOhio Court of Appeals
DecidedMay 10, 2010
DocketNo. 2009-CA-00147
StatusPublished
Cited by4 cases

This text of 932 N.E.2d 396 (Stark Area Regional Transit Authority v. Ohio Department of Job & Family Services) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stark Area Regional Transit Authority v. Ohio Department of Job & Family Services, 932 N.E.2d 396, 187 Ohio App. 3d 413 (Ohio Ct. App. 2010).

Opinions

Gwin, Presiding Judge.

{¶ 1} Stark Area Regional Transit Authority (“SARTA”) appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which affirmed the decision of the Unemployment Compensation Review Commission of the Department of the Ohio Department of Job and Family Services. Appellant assigns a single error to the trial court:

{¶ 2} “I. The lower court erred in affirming the decision of the Unemployment Compensation Review Commission.”

{¶ 3} The claimant, appellee Vincent J. Turner, was employed by appellant from June 7, 1999, to October 12, 2006. On October 12, 2006, appellant informed Turner that if he did not voluntarily resign, he would be discharged. Appellant gave as its reason its belief that Turner had falsified a report or claim for benefits. Turner resigned.

{¶ 4} In early 2006, appellant had given its employees, including Turner, questionnaires entitled “Spouse Coverage Questionnaire.” The form was designed to determine whether employees’ spouses were covered by health insur[415]*415anee. Appellant would provide coverage for employees’ spouses only if the spouse did not have benefits from another source.

{¶ 5} The form stated that if the employee’s spouse was not employed, the employee had to complete only part “A,” but if the spouse was employed, the employee should complete part “A,” and the spouse’s employer should complete part “B” of the form. If the spouse was not employed, the employee did not have to have part “B” filled out before returning the questionnaire to Human Resources.

{¶ 6} The questionnaire asked for the employee’s name, date of birth, Social Security number, and marital status. If the employee was married, the form asked for the spouse’s name, date of birth, and Social Security number. The form included a space to list the spouse’s employer, if applicable. The form also asked whether the spouse’s employer offered group medical coverage, and if so, whether the spouse was currently covered under the employer’s group medical plan.

{¶ 7} Turner checked the block indicating that his spouse was employed and listed the spouse’s employer as SCCAA Head Start. He answered “yes” to the question, “Does your spouse’s employer offer group medical coverage?” and “no” to the question, “Is your spouse currently covered under his/her employer’s group medical plan?”

{¶ 8} The last block to be completed states: “It is important that spouses be enrolled in the medical plan provided by their employers. If for some reason your spouse cannot enroll in his or her employer’s plan, please explain below. [Example: Open enrollment will be held-name month].” The questionnaire Turner submitted states: “Employer has open enrollment. Open enrollment will be held 10/1/06.”

{¶ 9} Above the line for the employee’s signature, the form contains a notice: “Employee acknowledgment of responsibility. I understand that SARTA has implemented a spousal requirement for medical coverage. I acknowledge that the information on this form is accurate to the best of my knowledge. I understand that if any false statement is made or information is withheld, SARTA will have the right to recover any overpayment and recoup any legal fees incurred and medical coverage and employment may be immediately terminated. I also agree to report any changes in my spouse’s status to the Human Resources Department within thirty (30) days of the change.” Turner signed the questionnaire.

{¶ 10} When SARTA’s Human Resources Director discovered Turner did not submit Part “B” of the questionnaire, which should have been completed by his wife’s employer, the director placed a phone call to the employer and learned that [416]*416SCCAA Head Start did not have open enrollment. An employee could apply for benefits at any time, but could be subject to a waiting period or other restrictions or denied coverage.

{¶ 11} Turner presented a document from SCCAA outlining his wife’s options for medical benefits. The document listed a number of choices, and beneath those choices, it stated: “I understand that I [illegible] for a period of at least one year or until the next open enrollment period, after which I may elect a change of medical plans during the [illegible] period.”

{¶ 12} Turner maintained that he had relied on the form that indicated his wife’s employer had open enrollment. He conceded that he did not know the actual date of open enrollment, but because she was a Head Start teacher whose school year did not begin until the end of September, he believed the open enrollment period would likely begin the first of the month following her return to work.

{¶ 13} Appellee issued an initial determination that Turner had quit without just cause and disallowed his application for benefits. Upon redetermination, appellee affirmed its initial determination. Turner then appealed the matter to the Unemployment Compensation Board of Review, and a hearing officer conducted an evidentiary hearing. The hearing officer determined that the decision to disallow Turner’s application for benefits was incorrect and found that Turner had been discharged without just cause. On appeal, the review commission affirmed this decision. The hearing officer found that while appellant may have been dissatisfied with Turner’s answers, the answers were simply mistakes and did not demonstrate sufficient fault or misconduct to disqualify him from unemployment compensation benefits.

{¶ 14} Upon review, the court of common pleas affirmed the decision.

{¶ 15} R.C. 4141.29(D)(2)(a) provides that no individual may be paid benefits when that individual “has been discharged for just cause in connection with the individual’s work.”

{¶ 16} R.C. 4141.282 governs appeals from decisions of the Unemployment Compensation Board of Review. The statute provides that if the court finds a decision to be unlawful, unreasonable, or against the manifest weight of the evidence, it shall reverse, vacate, or modify the decision, or it may remand the matter to the commission. The statute also provides for an appeal to this court.

{¶ 17} All reviewing courts have the same obligation: “to determine whether the board’s decision is supported by the evidence in the record,” without substituting its own findings of fact or determinations regarding the credibility of witnesses for those of the board. Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Servs. (1995), 73 Ohio St.3d 694, 696, 653 N.E.2d 1207. “The board’s role [417]*417as factfinder is intact; a reviewing court may reverse the board’s determination only if it is unlawful, unreasonable, or against the manifest weight of the evidence.” Id. at 697, 653 N.E.2d 1207.

{¶ 18} In Tzangas, the Supreme Court reviewed a situation in which the employer had discharged its employee because it had found the employee unsuitable and unable to perform the work. The employee had made numerous errors over a period of some nine months, which required duplicative efforts by her and her employers. Initially, the employee’s application for unemployment compensation was allowed, because the employee was not at fault for willfully or wantonly refusing to do her job, but was merely incapable of performing the job despite her best efforts. The matter was affirmed through the administrative process and at the common pleas level, but this court reversed the decision and held that although the employee was not at fault, her inability to perform her job was sufficient justification for dismissal.

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Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 396, 187 Ohio App. 3d 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stark-area-regional-transit-authority-v-ohio-department-of-job-family-ohioctapp-2010.