(DOWNLOAD) "Matter Claim Hilda Pantel" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Hilda Pantel
- Author : Supreme Court of New York
- Release Date : January 29, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Claimant, a dental assistant, was employed for five years by a dentist until June 30, 1969 when she was temporarily laid off
while her employer was on vacation. During her employment she worked four days a week, Monday through Thursday, refusing to
work Saturdays, late Fridays or religious holidays because of her religious beliefs. She was re-employed by her former employer
on September 2, 1969, and resumed working for four days a week. On August 5, 1969 claimant completed an initial claim questionnaire
and made no response to the question, "What are you doing to secure work?" An unsigned summary of interview dated August 12,
1969 contains a statement that "I haven't as yet been looking for work because I want to return to my employer." The board
found that claimant's efforts to obtain employment during the period in issue were sparse; that the credible evidence establishes
that claimant was awaiting recall by her former employer, and that her allegations that she would have taken a five day a
week job are not to be taken seriously. "Whether a claimant's efforts to secure employment are sufficiently diligent to satisfy
the statutory requirement of availability is a question of fact to be determined by the board and its determination, if rendered
upon substantial evidence must be sustained". (Matter of Bennett [ Catherwood ], 33 A.D.2d 946, 947.) Substantial evidence
supports the board's determination and the credibility of the testimony was within the exclusive province of the board. (Matter
of Witek [ Catherwood ], 33 A.D.2d 949.) A claimant who limits himself to four days of employment per week cannot accrue more
than one effective day in such week. (Matter of Fisher [ Catherwood ], 34 A.D.2d 869.) Disposition Decision affirmed, without
costs.