Starr v. STATE DEPT. OF EMPLOYMENT SEC.

123 P.3d 513
CourtCourt of Appeals of Washington
DecidedNovember 22, 2005
Docket33003-2-II
StatusPublished
Cited by5 cases

This text of 123 P.3d 513 (Starr v. STATE DEPT. OF EMPLOYMENT SEC.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Starr v. STATE DEPT. OF EMPLOYMENT SEC., 123 P.3d 513 (Wash. Ct. App. 2005).

Opinion

123 P.3d 513 (2005)
130 Wash.App. 541

Dennis A. STARR, Appellant,
v.
WASHINGTON STATE DEPARTMENT OF EMPLOYMENT SECURITY, Respondent.

No. 33003-2-II.

Court of Appeals of Washington, Division 2.

November 22, 2005.

*514 Bruce L. Turcott, Jamie Neshera Jones, Office of the Attorney General, Olympia, WA, for Respondent.

Deborah Maranville, Seattle, WA, for Appellant.

HUNT, J.

¶ 1 Dennis Starr appeals denial of his claim for unemployment compensation benefits *515 after he voluntarily quit his job and traveled to Alaska to care for his daughters and grandchildren in dire circumstances. He argues that (1) RCW 50.20.050(2)(b)(i)-(x)'s list of non-disqualifying reasons for voluntarily leaving employment is not exclusive; and (2) "good cause" for voluntarily quitting under RCW 50.20.050(2)(a) includes compelling personal reasons, such as his daughters' and grandchildren's circumstances.

¶ 2 Holding that RCW 50.20.050(2)(b) provides an exclusive list of "good cause" reasons for voluntarily quitting employment without being disqualified from receiving unemployment benefits, we affirm dismissal of Starr's claim.

FACTS

I. STARR'S UNEMPLOYMENT

¶ 3 Beginning February 24, 2003, Dennis Starr worked five months as a full-time fuel salesman. On July 26, 2003, he left his employer a telephone message that he was going to Alaska to assist his daughters: One daughter had been arrested and incarcerated for murder;[1] the other had been in a serious car accident and was also incarcerated. Starr did not indicate when or whether he might return to his job. Starr's employer paid him through July 31 and recorded him as a "voluntary quit."

¶ 4 Starr and his wife stayed in Alaska to take custody of their daughter's children while their daughter was incarcerated and to assist with her legal problems. Starr did not return to work for his Washington employer.

II. PROCEDURE

¶ 5 In February 2004, while still in Alaska, Starr applied for unemployment compensation with the Washington State Employment Security Department (Department). On February 25, the Department denied Starr's claim because he "did not have good cause to quit work." Commissioner's Record (CR) at 35 (emphasis added).

¶ 6 After an administrative hearing, the administrative law judge (ALJ) concluded that (1) "good cause" for voluntarily leaving employment is limited to the enumerated provisions of RCW 50.20.050(2)(b); and (2) "[e]ven though [Starr] had very compelling reasons to quit his job, these reasons were personal in nature, not work related and did not otherwise fall under any qualifying `good cause' category." CR at 60. Starr petitioned for review.

¶ 7 On review, the Department's Commissioner affirmed the ALJ's decision, and adopted the ALJ's findings of fact[2] and conclusions of law, with one exception: The Commissioner modified the ALJ's conclusion of law five "to show that the revisions to RCW 50.20.050 ... do not require that a claimant's voluntary separation from employment be work-related to constitute good cause pursuant to RCW 50.20.050(2)(a). See, for example, RCW 50.20.050(2)(b)(i), (ii), (iii), and (iv)." CR at 71-72. Starr sought judicial review in superior court.

¶ 8 Sitting in its appellate capacity, the superior court affirmed the Commissioner's decision denying Starr unemployment benefits.

¶ 9 Starr appeals.

ANALYSIS

¶ 10 This appeal presents a single issue of first impression: Under RCW 50.20.050(2)(a), can non-enumerated compelling personal reasons constitute good cause for voluntarily quitting a job or is good cause limited to the factors enumerated in RCW 50.20.050(2)(b)(i)-(x)? We hold that good cause is limited to the factors enumerated in RCW 50.20.050(2)(b)(i)-(x).

I. STANDARD OF REVIEW

¶ 11 In reviewing an administrative action, we apply the standards of the Administrative Procedure Act (APA) directly to the *516 record before the agency.[3]Tapper v. Employment Sec., 122 Wash.2d 397, 402, 858 P.2d 494 (1993). We presume the commissioner's decision to be "prima facie correct." Employees of Intalco Aluminum Corp. v. Employment Sec. Dep't, 128 Wash.App. 121, 126, 114 P.3d 675 (2005).

¶ 12 We grant relief from an agency order in an adjudicative proceeding if the agency erroneously interpreted or applied the law, RCW 34.05.570(3)(d), and the person seeking judicial relief has been substantially prejudiced. RCW 34.05.070(1)(d). The burden is on the party challenging the Commissioner's ruling to satisfy these two prerequisites. Employees of Intalco Aluminum Corp., 128 Wash.App. at 126, 114 P.3d 675.

¶ 13 Construction of a statute is a question of law, which we review de novo under the error of law standard. Pasco v. Public Employment Relations Comm'n, 119 Wash.2d 504, 507, 833 P.2d 381 (1992). When the statute falls within an agency's area of expertise, we give substantial weight to that agency's construction of statutory language and legislative intent. Hensel v. Dep't of Fisheries, 82 Wash.App. 521, 525-26, 919 P.2d 102 (1996).

¶ 14 Nonetheless, the courts retain the ultimate authority to interpret a statute. Franklin County Sheriff's Office v. Sellers, 97 Wash.2d 317, 325-26, 646 P.2d 113 (1982), cert. denied, 459 U.S. 1106, 103 S.Ct. 730, 74 L.Ed.2d 954 (1983). A reviewing court's obligation is to give effect to the Legislature's intent. Lacey Nursing Ctr., Inc. v. Dep't of Revenue, 128 Wash.2d 40, 53, 905 P.2d 338 (1995). Our review begins with the statute's plain language. Lacey Nursing Ctr.,

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