Taylor v. Administrator of the Division of Employment Security of the Department of Labor

88 So. 2d 486, 1956 La. App. LEXIS 812
CourtLouisiana Court of Appeal
DecidedJune 14, 1956
DocketNo. 8526
StatusPublished
Cited by1 cases

This text of 88 So. 2d 486 (Taylor v. Administrator of the Division of Employment Security of the Department of Labor) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Administrator of the Division of Employment Security of the Department of Labor, 88 So. 2d 486, 1956 La. App. LEXIS 812 (La. Ct. App. 1956).

Opinion

AYRES, Judge.

The Administrator of the Division of Employment Security of the Department of Labor of the State of Louisiana has appealed from a judgment of the Twenty-Sixth Judicial District Court in and for Bossier Parish, Louisiana, reversing the decision of the Board of Review, wherein it was held that plaintiff was not available for work within the contemplation of the Louisiana Employment Security Law, LSA-R.S. 23:1471 et seq., and, therefore, was not entitled to unemployment compensation. The judgment appealed affirmatively decreed plaintiff entitled to such benefits.

The Louisiana Board of Review, in reaching its decision, stated:

“An examination of the evidence before the Board, clearly shows that the claimant has not continued to comply with the eligibility requirements of the Act, insofar as her availability [487]*487is concerned. According to claimant’s own statement, she does not have any one to care for her child, and that she can only perform work at a certain timé during the day. Neither does she have transportation facilities. The claimant’s employability is restricted to such an extent that she cannot be considered available for work within the meaning of the Act.”

It is urged that this finding is supported by evidence in the record and is, therefore, conclusive and the court is precluded from a contrary finding, as in such instances its jurisdiction is confined to questions of law. In that connection, the pertinent portion of LSA-Revised Statutes 23:1634 reads as follows :

“In any proceeding under this Section the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law.”

The authority of the trial court and of this court on appeal is limited, therefore, solely to the proposition as to whether the decision of the Board of Review was supported by evidence. Stroy v. Heard, La. App., 85 So.2d 275. No additional evidence is permitted m a hearing in the trial court. The review is, therefore, limited to such evidence as may be contained in the record as reviewed by the Board of Review. For determination of the issues here presented, a review of the evidence as contained in such record is necessary.

In plaintiff’s application for benefits under the statute, we find this statement:

“I have no one to care for my children so I can only accept a job working from 8:30 a. m. to 3:00 p. m.”

Standing alone and without explanation, this, of course, would tend to support the Tuling of the Board. However, in making explanation thereof in her notice of appeal to the Appeals Referee, plaintiff made this statement:

“I can arrange care for my children and can also arrange transportation for full-time work. This condition existed when I filed my initial claim also. My full statement was 8:30 to 3:00 p. m. were best hours because of the children but I could get a high school girl after school, if necessary. It is true I had no transportation arranged but that is because I could not make arrangements until I knew what hours I would work.
A number of persons commute from my area and I can arrange transportation as needed.”

In the hearing before the Appeals Referee, plaintiff gave this testimony:

“Referee: Mrs. Taylor, the records indicate that you filed a claim on January 22, 1954, and at that time you stated, T have no one to care for my children so I can only accept a j ob working from 8:30 a. m. to 3:00 p. m.’ You were held ineligible for benefits and you’ve made an appeal. Now, I want you to tell me in your own words just how you have overcome that you had to be with your children. I mean just what have you done to make yourself available after 3 :00 p. m. * * * of the normal work hours.
“Claimant: Well, I could always get a high school girl to keep my children. About those hours, they asked me what would be my best hours to work.
“Referee: I don’t think they ask you the best hours because—
“Claimant: What hours I could take because—
“Referee: They asked you what hours you could work probably.
“Claimant: And I didn’t say I couldn’t because I’ve always had someone to keep the kids if necessary.
“Referee: Well, what have you done about getting work?
“Claimant: Well, I have in my application in different places.
[488]*488"Referee: Where are some of the places that you have applications in?
“Claimant: Well, I have one at Couch Motor Lines and * * *, Texas.
“Referee: Now, how would you get to and from work?
“Claimant: Well, that isn’t a problem at all from out there because there’s a bus service, there’s a lot of people from out there working here. In fact, I have my own car. Transportation is no problem for me.
“Referee: Well, on February 13, 1954, there seems to be something brought up about your transportation, that’s why I asked you the question.
“Claimant: All I remember ever recall being out there I asked about transportation. They asked me did I have transportation arranged, I said ‘No, but I can get transportation.’ I’ve always been able to have transportation.
“Referee: You have your application in with various motor transport lines here in town?
“Claimant: That’s right.
“Referee: What type work do you ordinarily do ?
“Claimant: Well, I can do most anything I was trained for. They do their own training as far as hiring a girl.
“Referee: Do you have experience with the motor freight lines?
“Claimant: No, but you don’t have to have it.
“Referee: Has the office offered you any work?
“Claimant: No. Not recently.
“Referee: Have you ever done any clerical' work at all ?
“Claimant: In stores ?
“Referee: No, clerical work. Office work..
“Claimant: I worked for the superintendent of school when I went to school — a year afterwards.
“Referee: Well, now, the work with these motor transport companies would be of a clerical nature, wouldn’t it?
“Claimant: Some of it is, but they don’t hire altogether. They do some of course, but they don’t hire experienced girls altogether.
“Referee: Have you made any effort to get work as a sales clerk?
“Claimant: I have my application in at Sears.
“Referee: Approximately how many applications do you have in?
“Claimant: Four, I believe.

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88 So. 2d 486, 1956 La. App. LEXIS 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-administrator-of-the-division-of-employment-security-of-the-lactapp-1956.