Martin v. Director of Division of Employment Sec.
Decision Date | 06 April 1964 |
Citation | 347 Mass. 264,197 N.E.2d 594 |
Parties | Mary MARTIN v. DIRECTOR OF the DIVISION OF EMPLOYMENT SECURITY et al. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Joseph S. Ayoub, Asst. Atty. Gen. (Frederick A. Harkins, Boston, with him), for Director of Division of Employment Security.
No argument or brief for claimant.
Before WILKINS, C. J., and SPALDING, KIRK, SPIEGEL, and REARDON, JJ.
This is an appeal under G.L. c. 151A, § 42 ( ), by the director of the division of employment security from a decision of the District Court which 'set aside' the decision of the division's board of review denying unemployment benefits to the claimant.
The record reveals the following. On September 13, 1962, the claimant filed a claim for benefits. In her 'statement of facts' she said that she had left her job as a stitcher at Gem Sportswear, Inc. (Gem), on August 29, 1962, because it was a 'night job' and she 'wanted to work days.' She also stated that on September 6, 1962, she had been hired by Lissak & Company (Lissak) as a full time employee to work days and that on September 12, 1962, she had been temporarily laid off because of a change-over of styles. The director determined that under G.L. c. 151A, § 25, 1 the claimant was disqualified from receiving benefits for the ten weeks ending November 10, 1962. The claimant then sought review by the board of review of the decision of the director. She stated in her application for review: 'I believe I was justified in leaving the job [with Gem] because I would be able to make more money on a full-time day job.'
On November 21, 1962, there was a hearing before a review examiner. At the hearing, the claimant averred that she had left Gem because of 'an agreement with the man when I went to apply for the job that it would be just for four weeks.' When asked to explain a delay between leaving Gem and starting at Lissak, the claimant said, 'I stayed home one week to get the children ready for school.' She also assigned as a reason for leaving Gem 'a nervous condition that I have been nursing since last December' and presented a letter from her physician. 2 Finally, when asked, 'Now, why did you leave [Gem]?' she answered, 'For the simple fact of still being a seamstress on dresses, and I preferred to do something else outside of that industry.'
The review examiner, affirming the director's decision, stated:
The board of review denied the claimant's request for further hearing, 3 whereupon she petitioned for review by the District Court pursuant to G.L. c. 151A, § 42. The District Court judge made a 'finding,' which in relevant part reads as follows:
We infer from the foregoing that the District Court 'found' the decision of the review examine 'unsupported by substantial evidence' and '[a]rbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.' 4 We are unable to determine the reasons for such a 'finding.' One implication is that the District Court believed the review examiner was in error in failing to find that a cause of the claimant's leaving Gem was 'too much nervous strain.' Still another implication is that the examiner was obligated to find as fact that the claimant left Gem in order to accept employment at Lissak, that she was thereafter laid off by Lissak, and that under such a finding the claimant was entitled to immediate benefits as matter of law.
The scope of review in the District Court under G.L. c. 30A, § 14(8), of the findings of fact and decision of the board of review has been stated by this court. 'Since the examiner's findings, adopted by the review board, were supported by...
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