Means v. Hamilton Hosp.(Bd. of Review)

Decision Date18 March 1980
Citation172 N.J.Super. 465,412 A.2d 1053
PartiesSusan MEANS, Claimant-Respondent, and Board of Review, Office of Hearings, Appeals and Review, Department of Labor and Industry, State of New Jersey, Respondent, v. HAMILTON HOSPITAL, a corporation of the State of New Jersey, Respondent- Appellant.
CourtNew Jersey Superior Court — Appellate Division

Laurence Reich, Newark, for respondent-appellant (Carpenter, Bennett & Morrissey, Newark, attorneys).

Jerome A. Ballarotto, Deputy Atty. Gen., for respondent Bd. of Review (John J. Degnan, Atty. Gen., attorney; Michael S. Bokar, Deputy Atty. Gen., of counsel; Mark I. Siman, Deputy Atty. Gen., on the brief).

No brief was filed by or on behalf of claimant-respondent Means.

Before Judges ALLCORN, MORGAN and FRANCIS.

The opinion of the court was delivered by

ALLCORN, P. J. A. D.

We concur in the conclusions of the Appeal Tribunal, approved by the Board of Review, holding that the claimant was discharged by the hospital and that she did not leave work "voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). This, despite the fact that the hospital was compelled to discharge her from her job as a licensed practical nurse, by virtue of the regulations of the New Jersey Board of Nursing, N.J.A.C. 13:37-9.5(a), (b), when she failed to pass the second of two consecutive licensing examinations, and there being no other jobs available. Quite plainly, the claimant had no intention of resigning or quitting, as the Appeal Tribunal found; her employment was terminated by the hospital. In such circumstances, the claimant was eligible for benefits. Compare Michael v. Long Island College Hospital, 60 A.D.2d 438, 401 N.Y.S.2d 591 (App.Div.1978), leave to app. den. 45 N.Y.2d 708 (Ct.App.1978).

In our view, neither Echols v. Michigan Empl. Secur. Comm'n, 380 Mich. 87, 155 N.W.2d 824 (Sup.Ct.1968), nor Przekaza v. Employment Secur. Dep't, 392 A.2d 421 (Vt.Sup.Ct.), is here apposite. Both cases concern the right of chauffeurs to unemployment benefits after their discharge because of job disqualification due to revocation of driving license as a result of voluntary and deliberate violations of the traffic laws which reach results contrary to one another. Nor do we subscribe to the philosophy or interpretation of the Tennessee Court of Appeals in its unreported decision of Cranford v. Parker, filed November 20, 1979.

Accordingly, the determination of the Board...

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7 cases
  • Alicea v. New Brunswick Theological Seminary
    • United States
    • New Jersey Superior Court — Appellate Division
    • 24 Octubre 1990
    ... ... Our review of the Book of Church Order and the BTE's bylaws discloses beyond a hint ... 284, 469 A.2d 961 (App.Div.1983); Means v. Hamilton Hosp. Bd. of Review, 172 N.J.Super. 465, 412 A.2d 1053 ... ...
  • Yardville Supply Co. v. Board of Review, Dept. of Labor
    • United States
    • New Jersey Supreme Court
    • 23 Marzo 1989
    ... ... than did the claimants in Self, who suddenly and involuntarily found themselves without any means of commuting to work. By contrast, Sparks' unemployment is traceable directly to conduct for which ... ...
  • Clarke v. North Detroit General Hosp.
    • United States
    • Michigan Supreme Court
    • 28 Mayo 1991
    ... ... 29(a)(1) ... 7 MacFarland v. Unemployment Compensation Bd. of Review, 158 Pa.Super. 418, 422, 45 A.2d 423 (1946) ... 8 Courts in other ... 371, 554 A.2d 1337 (1989), which cites with approval Means v. Hamilton Hosp., 172 N.J.Super. 465, 412 A.2d 1053 (1980), which ... ...
  • Yardville Supply Co. v. Board of Review, Dept. of Labor
    • United States
    • New Jersey Superior Court — Appellate Division
    • 26 Enero 1988
    ... ... We note further the consistency of our view with Means v. Hamilton Hosp., 172 N.J.Super. 465, 412 A.2d 1053 (App.Div.1980), certif. den. 84 N.J. 451, 420 ... ...
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