Opinion
January 28, 1993
Appeal from the Unemployment Insurance Appeal Board.
The employer's representative testified that claimant refused an offer to be reinstated to his former position. Claimant contended that when he reported to his employer he was told that nothing was available. These differing versions of the facts raised questions of credibility which were for the Unemployment Insurance Appeal Board to resolve (see, Matter of Smertenko [Levine], 50 A.D.2d 694). In addition, although claimant testified that he could not return to his former position because of health problems, he admitted that he never discussed this issue with his physician and he offered no medical proof to support this contention (see, Matter of Klausner [Catherwood], 27 A.D.2d 776; Matter of Chawkin [Catherwood], 18 A.D.2d 750). There is substantial evidence in the record to support the Board's conclusion that claimant refused an offer of reasonable employment without good cause (see, Matter of Murphy [Ross], 82 A.D.2d 970). The Board also properly ruled that the unemployment insurance benefits paid to claimant were recoverable (see, Matter of Gray [Roberts], 130 A.D.2d 904).
Yesawich Jr., J.P., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.