Opinion

Sullivan v. State of Maine, Unemployment Ins. Comm'n

Court
Superior Court of Maine
Filed
Nov 26, 2003
Status
Unpublished
On the bench
Joyce A. Wheeler
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

STATE OF MAINE SUPERIOR COURT

PENOBSCOT, ss CIVIL ACTION

DOCKET NO, AP 2002-31 |

AA APEY -NPoeer

ALFRED F. SULLIVAN, ) no

)

Petitioner )

)

v. )

)

) ey

STATE OF MAINE ) DONALD! psc -

UNEMPLOYMENT INSURANCE ) MERE gr

COMMISSION )

) UEC 4 agg:

Respondent )

This matter is before the Court on appeal pursuant to Rule 80(C) of the Maine

Rules of Civil Procedure from the decision of the Maine Unemployment Insurance

Commission (herein, “Commission”) affirming a hearing officer’s decision to deny the

Appellant, Alfred F. Sullivan (herein, “Claimant’’) unemployment benefits. The legal

basis for the hearing officer’s decision was that the Claimant had refused suitable work.

26 MLR.S.A. §1193(3).

Background

The facts are undisputed. The Claimant worked for Page Employment (herein,

“Employer”), an employment agency, from March 4, 2002 to May 31, 2002. (R. at 15,

24). The Claimant’s last assigned position with the Employer was as an assembly line

worker at Lemforder, Inc., a manufacturer of automobile parts in Brewer, Maine. (R. at

24). At the conclusion of Claimant’s temporary assignment with Lemforder, he earned

$7.00 per hour and was working 38.75 hours per week. (R. at 15,3 1). Claimant did not

receive any employment benefits during his work assignment at Lemforder. (R. at 25).

On June 7, 2002, the Employer offered the Claimant a similar position at MQR, a

company also located in Brewer, Maine, which screens automobile parts for Lemforder.

(R. at 25). This position would also pay $7.00 per hour. (R. at 15, 25). The Claimant

initially accepted the position with MQR. (R. at 16, 26). On June 10, 2002, however, the

Claimant did not report to work at MQR. (R. at 16, 26). That afternoon, the Claimant

informed his Employer that he was declining the offer of work because he wanted full-

time permanent work with benefits. (R. at 16, 26). The Claimant also stated that he was

unhappy about the fact that at his previous position with Lemforder the management had

not offered him a permanent full-time position with benefits. (R. at 16, 29, 34). The

Claimant did not inform his Employer that he could not accept the position at MQR due

to problems he was currently experiencing with his eyesight. (R. at 16, 32).

On August 6, 2002, the Claimant was diagnosed with cataracts in both eyes; the

right eye requires surgery. (R. at 7-8). Claimant contends that he declined the position at

MQR because it involved screening parts, which required 100% eye coordination. (R. at

6). Specifically, Claimant would be required to visually check ball-joint assemblies for

any defects. (R. at 32). Claimant admits that he did not disclose his vision problem to

his Employer. (R. at 6, 31).

The Claimant applied for unemployment benefits (R. at 30, 31). The deputy

found that Claimant was disqualified from receiving unemployment benefits because he

refused to accept an offer of suitable work for which he was reasonably fitted. (R. at 15,

41). The Claimant appealed to the Division of Administrative Hearings. (R. at 22, 38).

After a hearing, the Administrative Hearing Officer affirmed the deputy’s decision,

finding that the Claimant refused an offer of suitable work. (R. at 16). The Claimant

then appealed this decision to the Commission, which affirmed and adopted the

Administrative Hearing Officer Decision. (R. at 9, 13-14). The Claimant requested

reconsideration of the Commission’s decision, which was denied. (R. at 1-2). This

appeal followed.

Discussion

A. Standard of Review

The scope of judicial review of an administrative agency’s factfinding is strictly

limited; such a finding may be overturned only upon a showing by a challenger that it

was “unsupported by substantial evidence on the whole record.” Clarke v. Maine

Unemployment Insurance Commission, 491 A.2d 549, 552 (Me., 1985) (citation

omitted). “This standard of review of an administrative finding of fact is identical to the

‘clear error’ standard used by the Law Court.” Id. (quoting Gulick v. Board of

Environmental Protection, 452 A.2d 1202, 1207-08 (Me. 1982)). The reviewing court

must examine the entire record to determine whether on the basis of all the testimony and

exhibits before the agency it could fairly and reasonably find the facts as it did. Clarke,

491 A.2d at 551 (citing In re Maine Clean Fuels, Inc., 310 A.2d 736, 741 (Me. 1973)).

The court will not substitute its judgment for the Commission’s where there may be a

reasonable difference of opinion. Clarke, 491 A.2d at 552 (citing Seven Islands Land Co.

y. Maine Land Use Regulation Commission, 450 A.2d 475, 479 (Me. 1982)).

In an 80C appeal, the court must determine whether the Commission abused its

discretion, committed error of law, or made findings not supported by substantial

evidence in the record. McGhie v. Town of Cutler, 2002 ME 62, 95, 793 A.2d 504.

Substantial evidence is evidence that a reasonable mind would accept as sufficient to

support a conclusion. Bath Jron Works v. Maine Unemployment Insurance Commission,

docket no. AP-01-066 (Me. Super. Ct., June 17, 2002) (Crowley, J.).

B. Applicable Law

Maine’s unemployment compensation law provides that “an individual shall be

disqualified for benefits . . . [flor the duration of his unemployment subsequent to his

having refused to accept an offer of suitable work for which he is reasonably fitted . . .”

26 M.LR.S.A. §1193(3). The burden is on the Claimant to show that the work offered was

not suitable. Proctor vy. Maine Employment Security Commission, 406 A.2d 905, 907

(Me. 1979).

The agency’s factual determination of whether a particular job offer is suitable is

guided by its consideration of the following factors:

[I]n determining whether or not any work is suitable for an individual

during the first 12 consecutive weeks of unemployment, the deputy shall

consider the degree of risk involved to [claimant’s] health, safety and

morals, his physical fitness and prior training, his experience and prior

earnings, his length of unemployment and prospects for securing local

work in his customary occupation, and the distance of the available work

from his residence.

26 M.R.S.A. §1193(3)(A).' The Commission must consider all of the elements as

outlined by the statute; no single factor is determinative. Clarke, 491 A.2d at 551 (citing

Tobin v. Maine Employment Security Commission, 420 A.2d 222, 225 (Me. 1980);

Grace v. Maine Employment Security Commission, 398 A.2d 1233, 1235 (Me. 1979)).

“The question of suitability of the work offered in a given case is one of fact and

the [Commission’s] determination of that fact .. . cannot be attacked . . . if it is sustained

' The Claimant was unemployed for two weeks before he filed for benefits. (R. at 15,

16). Because the Claimant was unemployed for less than 12 consecutive weeks, 26

M.R.S.A. §1193(3)(A) applies to this case.

by competent evidence.” Clarke, 491 A.2d at 552 (citations omitted). In the case at bar,

the Commission committed no error in applying the controlling law. The Administrative

Hearing Officer held a hearing and produced an opinion stating its reasons for denying

benefits to the Claimant. (R. at 15-40). The Commission affirmed and adopted the

Administrative Hearing Officer’s decision. (R. at 1-2, 9). After examining the factors

outlined in 26 M.R.S.A. 1193(3)(A), the Administrative Hearing Officer found as a fact

that on June 7, 2002, the position as a screener of automobile parts at MQP offered to

Claimant was suitable employment for him. (R. at 16). The Administrative Hearing

Officer concluded that the offered position was similar to the Claimant’s previous

position at Lemforders in that it was for the same hours, the same rate of pay, the same

commute, and was for an infinite duration. (R. at 1, 16).

The Claimant argues that the Administrative Hearing Officer and the Commission

erred when it failed to consider his eyesight problems. (Claimant’s Letter to the Court,

dated March 18, 2003). The Commission found that that the Claimant did not make his

Employer aware that this was his reason for declining the offer of work and that he did

not seek medical attention at that time in regard to his eyesight. (R. at 1). The Claimant

had a responsibility to communicate his concerns about the suitability of the offer of

employment to his employer. See Therrien v. Maine Employment Security Commission,

370 A.2d 1385, 1390 (Me. 1977). “The employer must be given an opportunity to

change the offensive conditions. Hence, the employee must reasonably make known his

dissatisfaction to the employer.” Merrow v. Maine Unemployment Insurance

Commission, 495 A.2d 1197, 1201 (Me., 1985)(citations omitted).

Conclusion

The record before the Commission contains substantial evidence supporting its

finding of fact that on June 10, 2002, Alfred F. Sullivan refused an offer of suitable work.

On review the Court will not disturb that finding, and accordingly, the entry is:

Appeal DENIED. Decision of the Maine Unemployment Insurance Commission is

AFFIRMED.

parep:h\yyen yt C6, 0003 ha lf

Ju tice, Maine Superior Court

Jy rew M. Mead

Date Filed

Action

11/01/02 PENOBSCOT Docket No.

AP-2002-31

County

RULE 80C APPEAL

ASSIGNED TO JUSTICE ANDREW M. MEAD

ALFRED F. SULLIVAN

Appellant VS. UNEMPLOYMENT INSURANCE COMMISSION Appe!

Plaintiff's Attorney

ALFRED F. SULLIVAN, PRO SE

81 BEECH GROVE RD.

CORINTH, ME.

Defendant’s Attorney

STATE OF MAINE

OFFICE OF THE ATTORNEY GENERAL

6 STATE HOUSE STATION

AUGUSTA, ME. 04333-0006

BY: ELIZABETH J. WYMAN, ESQ.

PAMELA W. WAITE, ESQ.

04427

Date of

Entry

11/01/02 Petition for Appellate Review of Final Agency Action filed. (attachments

attached)

1/17/03 Copy of Petition with attachments forwarded to Jerry Parent, Maine Dept.

of Labor, P O Box 259, Benefits Section, Augusta, ME. 04332 per telephon

request.

1/28/03 Letter received by Elizabeth J. Wyman, Esq., and Pamela W. Waite, Esq.;

entering their appearance for the Defendant Maine Unemployment Insurance

Commission.

2/24/03 Administrative Record filed by Appellee.

2/26/03 |Notice and Briefing Schedule 80C Appeal of Final Agency Actions filed.

Copy forwarded to attorneys of record. and to Plaintiff, Pro Se.

3/18/03 By letter, Entry of Appearance by Alfred Sullivan, Pro Se. and position

in this case.

3/24/03 Copy of Entry of Appearance by Appellant filed 3/18/03, forwarded to

Apellee's attorney.

4/28/03 Letter received by Elizabeth J. Wyamn, AAG, certifying that third-year

law student Danielle West-Chuhta is authorized to appear in court pursuan

to Rule 90 of the Maine Rules of Civil Procedure. (attachment attached)

5/2/03 Brief of Respondent Maine Unemployment Insurance Commission filed.

9/9/03 Oral Argument on Rule 80C Appeal set for 10/28/03 at 10:30 AM. Copy

forwarded to Appellant Pro se and all attorneys of record.

10/28/03 | Oral Argument on Rule 80C Appeal held.

Andrew M. Mead, Justice; Karen

Electronic Recording Tape

Matter taken under advisement.

Smith, Court Room Clerk;

No. 764 Index No

1105 - 1230.

Justice Mead has file.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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