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Matter of Wesley

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 1998
254 A.D.2d 593 (N.Y. App. Div. 1998)

Opinion

October 22, 1998

Appeal from the Unemployment Insurance Appeal Board.


While claimant was employed by a temporary employment agency he was offered work in the shipping department of a perfume wholesaling company. Although claimant was indisputably suited for the position, he refused it because he had previously been treated for contact dermatitis caused by exposure to perfumes. The Unemployment Insurance Appeal Board ruled that claimant was ineligible to receive benefits because he refused an offer of suitable employment without good cause. We affirm. Notwithstanding that claimant offered medical evidence to support his claim that he was allergic to perfumes ( cf., Matter of Burnett [Hudacs], 189 A.D.2d 1053), he only offered conjectural testimony that the position would result in exposure to perfume. To the contrary, the record indicates that the perfumes were not manufactured on the premises and that claimant would be required to handle only prepackaged containers. Therefore, in view of claimant's refusal to report to the workplace to determine whether he could tolerate the conditions there, we decline to disturb the Board's decision that claimant lacked good cause for refusing the offer of employment ( see, Matter of Cooper [Sweeney], 232 A.D.2d 678; Matter of Smith [Hudacs], 187 A.D.2d 835).

Cardona, P. J., Crew III, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Wesley

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 1998
254 A.D.2d 593 (N.Y. App. Div. 1998)
Case details for

Matter of Wesley

Case Details

Full title:In the Matter of the Claim of ROBERT J. WESLEY, Appellant. COMMISSIONER OF…

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

Date published: Oct 22, 1998

Citations

254 A.D.2d 593 (N.Y. App. Div. 1998)
678 N.Y.S.2d 823