Kane v. Arizona Dept. of Economic Sec.
| Decision Date | 14 October 1980 |
| Docket Number | No. 1,CA-UB,1 |
| Citation | 127 Ariz. 143,618 P.2d 637 |
| Parties | Beverley KANE, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Defendant-Appellee. 033. |
| Court | Arizona Court of Appeals |
Appellant brings this appeal to challenge a determination by the Unemployment Insurance Appeals Board of the Arizona Department of Economic Security that she was not entitled to unemployment benefits while attending college on a summer furlough from her regular employment. We find that the evidence reasonably supports the resolution of the matter by the agency and affirm the appeal.
Appellant Beverley Kane is a teacher employed by the federal government in Sells, Arizona. In the summer of 1979 she obtained a furlough from her employment in order to attend college in Texas. While in Texas, and while attending her college classes, appellant filed an interstate claim for unemployment insurance benefits. The determination of the deputy in the matter was entered on December 7, 1979. The deputy determined that appellant was not eligible for benefits for the summer time period because she was not available for work as required by A.R.S. § 23-771(3).
Appellant appealed the deputy's determination to an appeal tribunal of the Arizona Department of Economic Security. The tribunal determined that due to her college class schedule, her failure to seek work until the latter part of the summer, and the temporary nature of her stay in Texas for the summer classes, appellant was not available for employment during that time and was therefore ineligible for unemployment insurance benefits. Based on those findings, the appeal tribunal affirmed the decision of the deputy regarding appellant's claim for benefits.
Appellant timely appealed her case to the Unemployment Insurance Appeals Board. The Board in its decision entered January 21, 1980 affirmed the decision of the appeal tribunal. Appellant then filed her notice of appeal bringing the matter before this Court pursuant to A.R.S. § 41-1993.
A.R.S. § 23-771(3) provides:
An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that the individual 3. Is able to work, and is available for work.
This Court does not sit as a trier of fact but will uphold the decision of the Unemployment Insurance Appeals Board if supported by any reasonable interpretation of the evidence. See...
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Warehouse Indem. Corp. v. Arizona Dept. of Economic Sec.
...board and will affirm that decision if it is supported by any reasonable interpretation of the record. Kane v. Arizona Department of Economic Security, 127 Ariz. 143, 618 P.2d 637 (1980). The agency's legal conclusions, however, are not binding on this court, and we are free to make an inde......
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Begay v. Arizona Dept. of Economic Sec.
...board and will affirm that decision if it is supported by any reasonable interpretation of the record. Kane v. Arizona Department of Economic Security, 127 Ariz. 143, 618 P.2d 637 (filed 1980). The agency's legal conclusions, however, are not binding on this court, and we are free to make a......
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Pinto Valley Copper Corp. v. Arizona Dept. of Economic Sec.
...not disturb its findings on review if they are supported by any reasonable interpretation of the record. Kane v. Arizona Dep't of Econ. Sec., 127 Ariz. 143, 618 P.2d 637 (App.1980). Because we have not been provided with a transcript of the proceedings before the Appeals Board, we are oblig......
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Garrison v. Arizona Dept. of Economic Sec.
...decision of the Appeals Board to be reasonably supported by the evidence and, therefore, affirm. See Kane v. Arizona Department of Economic Security, 127 Ariz. 143, 618 P.2d 637 (App.1980). We point out in affirming that it is insignificant to our decision that the school district's reemplo......