Valenty v. Medical Concepts Development, Inc.

491 N.W.2d 679, 1992 Minn. App. LEXIS 1066, 1992 WL 314520
CourtCourt of Appeals of Minnesota
DecidedNovember 3, 1992
DocketC0-92-974
StatusPublished
Cited by4 cases

This text of 491 N.W.2d 679 (Valenty v. Medical Concepts Development, 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.

Bluebook
Valenty v. Medical Concepts Development, Inc., 491 N.W.2d 679, 1992 Minn. App. LEXIS 1066, 1992 WL 314520 (Mich. Ct. App. 1992).

Opinions

OPINION

DAVIES, Judge.

Relator Joan Valenty seeks review of two decisions issued by a representative of respondent Commissioner of Jobs and Training. The Commissioner’s representative concluded that Valenty voluntarily quit her job without good cause attributable to the respondent employer, and that Valenty was not able to work/available for work for two weeks in October 1991. Accordingly, the Commissioner’s representative concluded that Valenty was not entitled to receive unemployment compensation benefits. We affirm in part and reverse in part.

FACTS

Relator Joan Valenty was employed for several years as a registered dental assistant. Upon becoming unemployed in the summer of 1991, Valenty applied to the Department of Jobs and Training (“Department”) for unemployment compensation benefits. The Department granted her claim, effective July 14, 1991.

In September 1991, a Department representative referred Valenty to a job with respondent Medical Concepts Development, Inc. (“Medical Concepts”). The job involved light manufacturing work — a type of work Valenty had not previously performed. In addition, the job paid $3.50 less per hour than Valenty had been receiving as a dental assistant. Nevertheless, Valenty decided to apply for the job because she believed she might otherwise lose her entitlement to unemployment benefits.

Valenty applied for the job, stating on the job application form that she had problems with her back. The evidence indicates that Valenty has experienced back problems for several years, having undergone spinal fusion surgery in 1988 and additional surgery in 1989.

On the morning of October 1, 1991, Va-lenty reported for work at Medical Concepts. After filling out employment-related forms she began work, first applying adhesive patches to surgical drapes, then folding lightweight surgical drapes. In the afternoon, Valenty was assigned the task of folding larger surgical drapes. Valenty repetitively bent over a work table to fold the drapes and by the end of her shift her back was bothering her.

At approximately 3:20 p.m., Medical Concepts’ president approached Valenty to see if she wanted to work overtime. At trial, the president recalled her response as follows:

And she says * * * this job was not what I expected it to be. * * * I’m not getting paid what I think I should be getting paid. And I really would like to get back as a dental assistant. My back * * * doesn’t feel right to me. * * * [W]hy don’t we just consider this a temporary position. * * * [I]t’s not something that I want to do.

Upon leaving Medical Concepts, Valenty went home and applied ice to her back. Valenty characterized her back pain as 10 on a scale of 1 to 10. She was not advised by a physician to quit her job, however, and she took only extra-strength Tylenol for the pain.

Two days later, on October 3, Valenty went to her physician’s office and obtained a statement from a physician’s assistant [681]*681indicating that she was unable to work between October 1 and 3. Between October 4 and 15, 1991, Valenty continued to rest her back, but applied in person for 11 dental assistant jobs.

Valenty testified that it took two weeks for the pain to “finally settle down”; she rated the pain an eight during the first week and a seven during the second week. She explicitly testified, however, that she could have worked as a dental assistant, despite the pain, because that work does not increase the pain. She later also stated, however, “[N]o, I probably couldn’t [have] worked after that time and I was unemployed at the time.” In answer to the question, “So during that two weeks you don’t feel that you were able to work?” Valenty responded “Yes.” We take this as a reference to jobs other than work as a dental assistant. Valenty continued to seek work, and during the last week in October, she was offered and accepted a job as a dental assistant.

On October 5, 1991, the Department issued a determination that Valenty was unable to work between October 1 and 3, 1991. Accordingly, the Department determined that Valenty was ineligible to receive benefits for that time period.

On October 15, 1991, the Department issued a second determination that Valenty had voluntarily quit her job with Medical Concepts without good cause and without making reasonable efforts to retain her employment. The Department determined that Valenty was disqualified from receiving unemployment benefits.

Valenty appealed both determinations to a Department referee, who conducted a hearing. The referee took evidence and heard testimony by Valenty, Medical Concepts’ president, and a group leader. Following the hearing, the referee issued two decisions, concluding, first, that Valenty had voluntarily quit her job without good cause, and second, that she had been unavailable for work between October 41 and 15, 1991. The referee affirmed both Department determinations denying Valenty unemployment benefits. Valenty appealed the referee’s decisions to a Commissioner’s representative, who affirmed both decisions.

Valenty has obtained a writ of certiorari, seeking review of the Commissioner’s representative’s decisions.

ISSUES

I. Is Valenty eligible to receive unemployment benefits, despite leaving her employment with Medical Concepts, because the job was unsuitable for her and her wages there were less than her weekly unemployment benefit amount?

II. Does the record support the Commissioner’s representative’s determination that Valenty was unable to work/unavailable for work between October 4 and October 15, 1991?

ANALYSIS

I.

Resolution of this appeal requires analysis and harmonization of several provisions within the unemployment compensation statutes. Those provisions involve: (1) good cause for a voluntarily separation from employment; (2) suitability of offered employment; and (3) the definition of “unemployment.”

An individual who voluntarily quits a job without good cause attributable to the employer is disqualified from receiving unemployment benefits. Minn.Stat. § 268.09, subd. 1(a) (1990). Here, the Commissioner’s representative concluded that Valenty voluntarily quit her job without good cause attributable to Medical Concepts, and therefore was disqualified from receiving unemployment benefits.

Valenty argues that the position at Medical Concepts was not “suitable” for her because she is certified as a dental assistant. See Minn.Stat. § 268.09, subd. 2 [682]*682(1990) (unemployed individual is disqualified from receiving unemployment benefits upon failure to apply for or accept “suitable” work or reemployment).

A suitability determination requires, among other factors, consideration of

the degree of risk involved to health * * *, physical fitness and prior training, experience, length of unemployment and prospects of securing local work in the individual’s customary occupation.

Minn.Stat. § 268.09, subd. 2(a).

The record in this case establishes as a matter of law that the job at Medical Concepts was not suitable for Yalenty within the statutory meaning. Yalenty argues that if she was not required to apply for or accept the job at Medical Concepts, she should not be penalized for trying the job and then quitting. We note that this issue was not raised before the Commissioner’s representative.

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Valenty v. Medical Concepts Development, Inc.
491 N.W.2d 679 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
491 N.W.2d 679, 1992 Minn. App. LEXIS 1066, 1992 WL 314520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valenty-v-medical-concepts-development-inc-minnctapp-1992.