Zimmerman v. Board of Review

333 A.2d 554, 132 N.J. Super. 316, 1975 N.J. Super. LEXIS 891
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 14, 1975
StatusPublished
Cited by3 cases

This text of 333 A.2d 554 (Zimmerman v. Board of Review) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zimmerman v. Board of Review, 333 A.2d 554, 132 N.J. Super. 316, 1975 N.J. Super. LEXIS 891 (N.J. Ct. App. 1975).

Opinion

Per Curiam.

This appeal is taken from a decision of the Board of Review, Division of Employment Security, which [319]*319affirmed a decision of the Appeal Tribunal, which in turn upheld a determination by the deputy that the claimant-appellant was disqualified from receiving unemployment benefits for a period commencing March 22, 1973 and ending April 9, 1973. Appellant was held disqualified for failure to report to an appointed claims office in accordance with agency regulations.

Claimant had been gainfully emloyed as the assistant manager of Dawson Ford in Summit, New Jersey, from November 1971 until February 14, 1973, on which date his employment was terminated by his employer because of lack of work. Claimant filed for unemployment benefits on February lo, 1973, and after certification of his eligibility benefits were paid through March 21, 1973.

Claimant’s scheduled date to report to the local office of the Division of Unemployment and Temporary Disability Insurance was March 23, 1973. On March 21, 1973, however, he informed the local office by telephone that he would be unable to report since he would be out-of-state seeking employment. He was advised by an agency employee to notify the claims office of that fact by letter. Such a letter was sent on March 22 and received by the agency. In that letter he advised the office that he would be unable to report on March 23 since he would he out-of-state seeking employment, would be returning on April 7, and would be reporting to the office as soon as possible after his return.

Claimant testified that while in Florida he actively sought work. He described in detail the agencies to which he applied and the persons to whom he talked in an effort to locate employment in that state.

Following the unsuccessful search for employment in Florida claimant departed Florida on April 6, a Friday, by car, arriving in New Jersey on April 8, Sunday. An attempt to report on April 9 was aborted as a result of car trouble and claimant called the local office on that date to so advise them. He finally reported on April 10.

[320]*320Eligibility requirements for receipt of unemployment compensation benefits can be found in N. J. S. A. 43:21-4. Section (a) of that provision is the source of the regulations adopted by the Division of Employment Security. It provides :

An unemployed individual shall be eligible to receive benefits with respect to any week only if it appears that:
(a) He has registered for work at, and thereafter continued to report at, an employment office in accordance with such regulations as the division may prescribe, except that the division may, by regulation, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs, and as to such other types of cases or situations with respect to which the division finds that compliance with such requirements would be oppressive, or would be inconsistent with the purpose of this act; provided, that no such regulation shall conflict with subsection (a) of section 43:21-3 of the Revised Statutes.

Pursuant to this delegation of rule-making power, the Division promulgated a set of regulations pertaining to registration for work, reporting requirements and the procedure for making claims. The two regulations pertinent to the present controversy are N. J. A. C. 12:17-2.1(b) and (c). N. J. A. C. 12:17-2.1(b) provides:

In order to establish eligibility for benefits or for waiting period credit for any week of unemployment, the claimant shall report during each such week on the day or days and at the time or times designated by a representative of the Division to the local employment service office at which he is registered for work. A claimant who has failed to report on his assigned reporting day shall be considered as having complied with this reporting requirement; provided, he reports in person as soon as possible thereafter but not later than seven days after his assigned reporting day; and provided further, he shows good cause for having failed to report sooner.

N. J. A. C. 12:17-2.1 (e) provides:

In order to file a continued claim for benefits for a week or weeks of unemployment, the claimant shall report in person to the local employment service office on the day and time designated by a representative of the Division, after the completion of such week or weeks, and certify that with respect to such week or weeks he was [321]*321unemployed, eligible and not subject to disqualification. The Division, Cor reasons found to constitute good cause for any individual’s failure to report on the day and at the time designated for him to report at the local employment service office for the purpose of filing a continued claim, may accept a continued claim from such individual for the week or weeks in question; provided, he reports in person at the local employment service office within seven days after Ms assigned reporting day, or, if he is unable to so report, he notifies the local employment service office within such time of the reason for his failure to report on his reporting day.

The seven-day grace periods utilized in both of the above quoted sections have been expanded to 14 days due to the change in benefit payment schedule from weekly to bimonthly payments.

The Division has taken the view that claimant’s letter dated March 22 had the effect of complying with section (c), validating a previous period of unemployment for which eligibility had been established by claimant reporting in person to the local office in compliance with section (b), and that the Division had accordingly honored the claim for the period ending March 21. The Division contends, however, that with respect to the following period, March 22 to April 6, the letter was an ineffective attempt to comply with section (b), aDd since claimant did not report in person within 14 days thereafter, i. e., by April 6, he never established eligibility for that period and therefore could not collect therefor. In taking Ihis position the Division views sections (b) and (c) of the above quoted regulations as both being applicable with respect to each claimed two-week period of unemployment. Section (b) requires a personal appearance by the claimant on the reporting date or no later than 14 days thereafter as a condition to eligibility for that claimed two-week period of unemployment. Personal appearance by the claimant within this period of time is an indispensable prerequisite to eligibility. It is only wth respect to section (c), which concerns validating a prior two-week period of unemployment for which eligibility has already been established by personal appearance, that a letter giving sufficient reason for [322]*322an inability to personally appear can be held sufficient compliance.

Claimant, on the other hand, views sections (b) and (e) as applying alternatively to different stages of the claim. According to claimant, initial eligibility must be established by personal reporting under section (b). Once established, claims for continued unemployment and eligibility therefor are established by compliance with section (e) of these regulations, which dispenses with personal appearance where “he [claimant] reports in person * * * within [14]' days after his assigned reporting day.” Since claimant did report within 14 days of April 6, he complied.

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Cite This Page — Counsel Stack

Bluebook (online)
333 A.2d 554, 132 N.J. Super. 316, 1975 N.J. Super. LEXIS 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimmerman-v-board-of-review-njsuperctappdiv-1975.