Kulik v. Board of Review, Ohio Bureau of Employment Services
Decision Date | 21 May 1984 |
Parties | , 14 O.B.R. 359 KULIK, Appellant, v. BOARD OF REVIEW, OHIO BUREAU OF EMPLOYMENT SERVICES, et al., Appellees. |
Court | Ohio Court of Appeals |
Syllabus by the Court
An employee who quits work because his health is threatened due to materials on the jobsite to which he is allergic quits with "just cause." (R.C. 4141.29[D][a], construed.)
Thomas W. Weeks, Cleveland, for appellant.
Anthony J. Celebrezze, Jr., Atty. Gen., and Q. Albert Corsi, Columbus, for appellees.
Claimant-appellant, Scott R. Kulik (claimant), appeals the decision of the court of common pleas which affirmed the board of review's denial of his claim for unemployment compensation. The judgment is reversed.
Claimant was employed for Component Systems, Inc., from July 9, 1979 to March 11, 1981. Kulik had been employed as an "assembler" until the last three to four months of his employment during which time he worked as a "mill man." On September 2, 1980, while employed as an assembler, he visited his allergist, Dr. Korosi. He was under the physician's care from September 2, 1980 to March 13, 1981. The board in its decision stated that:
The doctor had also advised claimant that he should stay away from glue, and stay away as much as possible from gypsum powder. Attempts to avoid contact with these substances by allowing Kulik to do mill work were to no avail. Despite the absence of any improvement in his medical condition following the change in his working location, claimant remained on the job. The board further stated:
On March 4, 1981, claimant was involved in an argument with his supervisor and walked off his job. He was suspended indefinitely pending an investigation but the union successfully interceded on his behalf. On March 11, 1981, claimant returned to work and notified Mr. Friedman, the Assistant Secretary-Comptroller of Component Systems, that he was terminating his employment upon the advice of his doctor.
On April 23, 1981, claimant applied for unemployment compensation benefits. The Administrator of the Ohio Bureau of Employment Services (O.B.E.S.) allowed the claim. The employer requested reconsideration. The administrator affirmed the decision. The employer appealed to the Board of Review of O.B.E.S.
On July 29, 1981, claimant and Friedman testified in a board hearing conducted by a referee. There, the administrator's decision was affirmed. The employer applied to the board to institute further appeal; the appeal was granted. Hearing was held before another referee on July 1, 1982. On September 30, 1982, the board issued its decision reversing all previous determinations and found that claimant had quit work without just cause and was not entitled to receive unemployment compensation benefits pursuant to R.C. 4141.29(D)(2)(a). Pursuant to R.C. 4141.28(O), claimant appealed to the court of common pleas. That court reaffirmed the board without a written opinion. Claimant appeals to this court. He assigns one error:
"The Court of Common Pleas erred in affirming the Board of Review which reversed a decision of the Ohio Bureau of Employment Services granting unemployment compensation benefits to appellant Scott R. Kulik; the Board's decision was unlawful, unreasonable, and against the manifest weight of the evidence in that Mr. Kulik quit his job for 'just cause' under O.R.C. § 4141.28(D)(2)(a) [sic ]."
It is well-settled that the determination "of purely factual questions is primarily within the province of the referee and the board of review" and a reviewing court does not make its own determination of the weight of the evidence. Brown-Brockmeyer v. Roach (1947), 148 Ohio St. 511, 518, 76 N.E.2d 79 . However, R.C. 4141.28(O) provides that the reviewing court must...
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