Opinion
November 16, 1961
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Appeal by claimant from a decision of the Unemployment Insurance Appeal Board holding claimant ineligible for unemployment benefits for failure to comply with registration requirements. Claimant quit work on May 17, 1957 because of illness, but was retained on the employer's payroll until June 26, 1957 because of vacation status. She filed for disability benefits and received payments for 20 weeks from May 24, 1957 through October 10, 1957. While receiving the disability benefits claimant filed a claim for workmen's compensation benefits claiming she was suffering from an occupational disease as a result of the nature and conditions of her employment. The Workmen's Compensation Board denied her claim on December 10, 1958 and closed the case. On January 22, 1959 claimant filed her claim for unemployment benefits which is the subject of this appeal. Claimant did not work in covered employment after June 26, 1957, and had not earned qualifying wages during the statutory base period of 52 weeks preceding the filing of her claim on January 22, 1959 (Labor Law, § 520), and was ruled ineligible for unemployment benefits by respondent. That is the sole basis of the board's decision. Claimant attempts to excuse her failure to file a claim for benefits and failure to comply with registration requirements by testifying that an unidentified person in the unemployment insurance office told her over the telephone not to file a claim for benefits until her claim for workmen's compensation benefits was closed. The Referee expressly rejected this contention and decided this factual question against claimant. The Appeal Board affirmed. Decision of the Appeal Board unanimously affirmed, without costs.