Employment Sec. Comm'n v. Roberts

• Court: North Carolina Supreme Court
• Writing for the Court: DEVIN
• Citation: Employment Sec. Comm'n v. Roberts, 52 S.E.2d 890, 230 N.C. 262 (N.C. 1949)
• Decision Date: 13 April 1949
• Docket Number: No. 378.,378.
• Parties: EMPLOYMENT SECURITY COMMISSION v. ROBERTS et al.

52 S.E.2d 890

230 N.C. 262

EMPLOYMENT SECURITY COMMISSION

v.ROBERTS et al.

No. 378.

Supreme Court of North Carolina.

April 13, 1949.

Appeal from Superior Court, Rowan County; Geo. B. Patton, Special Judge.

Proceeding under the Unemployment Compensation Law by the State, on the relation of Employment Security Commission of North Carolina, against I. W. Roberts, claimant, and Klumac Cotton Mills, Inc., employer, to determine right of claimant to benefits from the Unemployment Compensation Fund. From judgment of the superior court affirming determination that claimant was not entitled to benefits, the claimant appeals.

Affirmed.

The claim of I. W. Roberts for benefits from the unemployment compensation fund was examined by the Employment Security Commission and denied.

Evidence in support of this claim was heard by Claims Deputy Clark, and, on appeal from adverse ruling, by Appeals Deputy Proctor (two hearings), and by the Chairman of Employment Security Commission. In each instance claimant was held ineligible for benefits under the Act. G.S. § 96-1 et seq. Among other things it appeared that claimant expressed his unwillingness to accept work on second or night shift. On the final hearing the Commission found that claimant Roberts was separated from employment by the Klumac Mills, Inc., September 25, 1947; that claims for benefits under the Act were filed beginning October 14, 1947, and upto time of final decision May 25, 1948; that the claimant had during that period of six months in addition to reporting to employment service office made effort to obtain employment at Cannon Mills, Kannapolis, on two occasions, at Old Mill, China Grove, once, and at Klumac Mills once. The Commission concluded from the facts found that claimant had failed to show that he had been "actively seeking work" within the purview of the statute, G.S. § 96-13(c), and decided that he was ineligible for benefits during the period referred to and until he should show that the reasons for his ineligibility no longer existed. Claimant through counsel appealed "to the full commission or to the Superior Court" and stated he wished "to base this appeal upon your (Commission's) finding of fact." The case was thereupon sent to the Superior Court for hearing and was there heard. In the Superior Court it was held that the findings of fact of the Commission were supported by competent and substantial evidence, and the decision of the Commission was in all respects affirmed.

Claimant excepted "to the foregoing judgment and the signing of the same, " and appealed to this Court.

C. P. Barringer, of Salisbury, for claimant-appellant.

W. D. Holoman, R. B. Overton, R. B. Billings and D. G. Ball, all of Raleigh, for appellee.

DEVIN, Justice.

By statute the determination of the Employment Security Commission as to the eligibility of a claimant for benefits under the Act is made "conclusive and binding as to all questions of fact supported by any competent evidence." G.S. § 96-4 (m); Unemployment Compensation Comm. v. J. M. Willis Barber & Beauty Shop, 219 N.C. 709, 15 S.E.2d 4; Graham v. Wall, 220 N.C. 84, 16 S.E.2d 691. An examination of the evidence in the record in this case leads to the conclusion that the court below ruled correctly that the findings and decision of the...