(Download) "Matter Claim Eileen Evans" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Eileen Evans
- Author : Supreme Court of New York
- Release Date : January 19, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
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[5 A.D.2d 737 Page 737] Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, holding that the claimant was not eligible
for benefits for a period beginning October 3, 1955. The claimant was graduated from law school in 1954 and was admitted to
practice in New York State in October, 1955. Following her graduation from law school, the claimant worked for various periods
as a librarian, as a clerk in the trust department of a bank and as an assistant editor of a law publishing firm. She was
discharged from this last employment on May 27, 1955, because of excessive absence due to illness. At that time, she was in
her fourth month of pregnancy. Claimant filed a claim for unemployment insurance benefits commencing June 6, 1955, and benefits
were allowed. However, the Industrial Commissioner later ruled that the appellant was ineligible for benefits, as of October
3, 1955, on the ground that the claimant had shown "no active attachment to the labor market". At that time the claimant was
in the eighth month of pregnancy. At a hearing before the referee, the initial determination was overruled. The referee found
that, although the claimant was pregnant, she was in good health and was able to work and would be capable of working until
the date of her confinement, which was expected to be November 18, 1955. The referee also found that the claimant had made
reasonably diligent efforts to find work in a law office. The Unemployment Insurance Appeal Board reversed the decision of
the referee and held the claimant ineligible for benefits commencing October 3, 1955, on the ground (1) that her pregnancy
rendered her unable to perform the usual duties of her employment and (2) that she had failed to exert reasonable efforts
to obtain employment. We find no substantial evidence in the record to support the board's conclusion. As to the first ground,
the evidence demonstrated that the claimant's pregnancy did not interfere with her ability to perform the kind of work in
which she had been engaged. Her work was primarily of [5 A.D.2d 737 Page 738]