State v. Roberts Book Reviews

State v. Roberts by Supreme Court of North Carolina No. 378 Book Summary

891 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 Com. v. Willis, 219 N.C. 709, 15 S.E.2d 4; Graham v. Wall, 220 N.C. 84, 16 S.E.2d 456. 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 Commission were supported by competent evidence. The finding of fact that this claimant had not shown he had been actively seeking work during the period referred to was supported by the evidence and must be held conclusive as to the questions of fact involved. The court's affirmance of the conclusion based thereon will be upheld. By statute, G.S. 96-13 (c), an unemployed individual is eligible for benefits only if the Commission finds he is able to work and available for work, but he is not to be deemed available for work unless he establishes to the satisfaction of the Commission that he is actively seeking work. The procedure here followed as to hearings and appeals seems to have been in accordance with the statute. G.S. 96-15.

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