Matter Claim Carl J. Stark Book Reviews

Matter Claim Carl J. Stark by Supreme Court of New York Book Summary

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 9, 1978. By an initial determination of the Industrial Commissioner, which was sustained by a referee following a hearing, claimant was ruled ineligible for benefits on the ground that he voluntarily left his employment without good cause, and a forfeiture of four effective days reduction of future benefits was imposed upon a finding that claimant made a willful false statement to obtain benefits. The appeal board affirmed and this appeal ensued. Good cause for voluntarily leaving ones employment is a question of fact within the purview of the board and its determination, if supported by substantial evidence, will not be disturbed (Matter of Grossman [Levine], 51 A.D.2d 853). As a general rule, dissatisfaction with working conditions does not constitute good cause for voluntarily leaving employment (Matter of Coriou [Ross], 53 A.D.2d 934), but fear for ones safety may constitute good cause, and each factual situation must be reviewed to determine whether claimant had reasonable grounds to conclude that his personal safety was being endangered and whether claimants fear was genuine (Matter of Fried [Ross], 54 A.D.2d 521). Here, the uncontroverted testimony of claimant, who was employed as a fireman-water tender by a steamship line for a period of six weeks, indicates that he left his employment due to unsafe conditions in the [66 A.D.2d 942 Page 943]

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