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In re Fbonczak

Appellate Division of the Supreme Court of New York, Third Department
Aug 4, 2011
87 A.D.3d 777 (N.Y. App. Div. 2011)

Opinion

No. 511464.

August 4, 2011.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 13, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Daniel T. Fronczak, Attica, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.

Before: Peters, J.P., Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ.


Claimant was hired to perform address canvassing for the United States Census. After four days of training, claimant resigned, informing the employer that he did not think he could perform the job because he had "an electrolyte problem" and needed to urinate frequently. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that he voluntarily left his employment without good cause. Claimant now appeals.

We affirm. Although claimant maintains that he was unable to perform the job based upon physical limitations caused by medication he takes to address a heart condition, he did not provide the employer with any medical documentation regarding his condition prior to resigning and did not resign upon the advice of his doctor ( see Matter of DePuy [Faith United Methodist ChurchCommissioner of Labor], 80 AD3d 1050, 1051; Matter of Dixon-Weaver [Commissioner of Labor], 67 AD3d 1243, 1244; Matter of Sheldon [Commissioner of Labor], 29 AD3d 1143, 1144). Moreover, claimant did not afford the employer an opportunity to reassign him to a position that would accommodate his medical needs ( see Matter of DePuy [Faith United Methodist ChurchCommissioner of Labor], 80 AD3d at 1051; Matter of Perrone [Commissioner of Labor], 66 AD3d 1091, 1091; Matter of Kubiak [Commissioner of Labor], 23 AD3d 980). Given the circumstances, the Board's determination that claimant voluntarily left his employment without good cause is supported by substantial evidence.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Fbonczak

Appellate Division of the Supreme Court of New York, Third Department
Aug 4, 2011
87 A.D.3d 777 (N.Y. App. Div. 2011)
Case details for

In re Fbonczak

Case Details

Full title:In the Matter of the Claim of DANIEL T. FBONCZAK, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Aug 4, 2011

Citations

87 A.D.3d 777 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 6166
927 N.Y.S.2d 812