Anton v. Klipfel
Decision Date | 23 November 2022 |
Docket Number | 20220202 |
Citation | 982 N.W.2d 311 |
Parties | Kristin ANTON, Petitioner and Appellant v. Bryan KLIPFEL in his Official Capacity as Director of Job Service North Dakota, and Job Service North Dakota, Respondents and Appellees |
Court | North Dakota Supreme Court |
Jessica L. Roscoe, Bismarck, ND, for petitioner and appellant.
Michael T. Pitcher, Assistant Attorney General, Bismarck, ND, for respondents and appellees.
[¶1] Kristin Anton appeals from a district court judgment affirming an order by Job Service North Dakota denying Anton pandemic unemployment assistance benefits. Anton challenges the finding that she had failed to prove she was entitled to pandemic unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). We affirm.
[¶2] Anton is a single mother with three children. She was employed at Heart River Cleaning, LLC from April 1, 2017 until March 12, 2020. Anton stopped working on March 12, 2020 when the public schools closed due to the COVID-19 pandemic. Anton stopped working because she relied on the school system to provide childcare for at least one of her children. Heart River Cleaning did not close and did not hold Anton's position for her while she stayed home to watch her children.
[¶3] Anton applied for Pandemic Unemployment Assistance (PUA) Benefits in August 2020. In her application she indicated she was entitled to PUA benefits under item (dd) of 15 U.S.C. § 9021(a)(3)(A)(ii)(I), because she was the primary caregiver of a child who was unable to attend school because of a COVID-19 pandemic related closure. During the hearing, Anton further argued she was entitled to PUA benefits under item (kk) of 15 U.S.C. § 9021(a)(3)(A)(ii)(I), added to the CARES Act after submission of her application, as a person who was laid off or had their hours reduced as a direct result of the COVID-19 pandemic.
[¶4] Following a telephone hearing, Job Service determined Anton was no longer unemployed after the end of the school year due to a reason directly caused by the COVID-19 pandemic. Anton was eligible and did receive PUA benefits beginning March 12, 2020 through May 31, 2020 under item (dd) of 15 U.S.C. § 9021(a)(3)(A)(ii)(I), because she was the primary caregiver of a child who was unable to attend school because of a COVID-19 pandemic related closure.
[¶5] Anton appealed the determination. The appeals referee affirmed, finding Anton's reason for being unemployed no longer existed when the school year ended and therefore Anton was no longer eligible for PUA benefits beginning May 31, 2020. Anton then requested a Bureau review and the Bureau affirmed. Anton then filed a Petition for Judicial Review of an Administrative Agency Decision. The district court affirmed Job Service's decision, holding the condition upon which Anton applied for PUA benefits was no longer applicable once the school year ended.
[¶6] "When an administrative agency decision is appealed from the district court to this Court, we review the agency's decision and the record compiled before the agency, rather than the decision of the district court, although the district court's analysis is entitled to respect if its reasoning is sound." Gartner v. Job Serv. N.D. , 2004 ND 135, ¶ 3, 681 N.W.2d 828. Under N.D.C.C. §§ 28-32-46 and 28-32-49 we will affirm the agency's decision unless:
Gottus v. Job Serv. N.D., 2011 ND 204, ¶ 7, 804 N.W.2d 192 (quoting N.D.C.C. § 28-32-46 ; Spectrum Care v. Stevick , 2006 ND 155, ¶ 8, 718 N.W.2d 593 ). In reviewing the agency's findings of fact, this Court does not make independent findings or substitute its judgment for the agency's judgment.
Workforce Safety & Ins. v. Auck, 2010 ND 126, ¶ 9, 785 N.W.2d 186. "Rather, we decide whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record." Sloan v. N.D. Workforce Safety & Ins. , 2011 ND 194, ¶ 5, 804 N.W.2d 184.
[¶7] The CARES Act of 2020 created Pandemic Unemployment Assistance (PUA) Benefits. 15 U.S.C. § 9021. In order to receive PUA benefits a person must be a covered individual under the CARES Act. The act defines a covered individual as follows:
15 U.S.C. § 9021(a)(3)(A) (emphasis added).
[¶8] Anton argues she is entitled to PUA benefits because she qualifies under item (dd) of 15 U.S.C. § 9021(a)(3)(A)(ii)(I). Anton asserts she is entitled to benefits because she used school as care for her middle child while she was at work. When the public schools were closed in March 2020, Anton needed to stay home to watch her child and was no longer able to work. Job Service held Anton was eligible for PUA benefits from March 12, 2020 until May 31, 2020, but ineligible thereafter because schools were no longer in session for the summer and Anton would have needed separate childcare regardless of COVID-19.
[¶9] Job Service found Anton needed to stay home to care for her middle child when the schools closed because she used the school as childcare so she could work. Job Service also found that her eligibility for benefits ended on May 31, 2020, because schools were always closed during the summer months and Anton would have needed separate care for her children regardless of the COVID-19 pandemic. Additionally, Job Service found Heart River Cleaning did not hold Anton's position for her, Anton began looking for work after May 31, 2020, and Anton's lack of childcare was because she could not afford it, a circumstance not covered by the CARES Act.
[¶10] Job Service concluded the CARES Act did not allow an individual who claimed PUA because of school closure to continue to receive PUA benefits during the summer months after the schools closed for the normal summer recess. Job Service's conclusion is consistent with a U.S. Department of Labor Unemployment Insurance Program Letter No. 16-20, Change 1, page I-10 (April 27, 2020) issued to state agencies providing:
[¶11] Anton did not prove summer childcare was unavailable due to the COVID-19 pandemic. Anton needed summer childcare every summer regardless of the COVID-19 pande...
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