# Boudreaux v. Louisiana Bd. of Review

> Louisiana Court of Appeal · October 12, 1978 · 363 So. 2d 1258

URL: https://www.frixlaw.com/law-library/cases/7493215

## Case

- **Full name:** Paul J. BOUDREAUX v. LOUISIANA BOARD OF REVIEW, DEPARTMENT OF EMPLOYMENT SECURITY, State of Louisiana, Administrator of the Department of Employment Security, State of Louisiana and Vinson Guard Service
- **Court:** Louisiana Court of Appeal
- **Decided:** October 12, 1978
- **Citations:** 363 So. 2d 1258; 1978 La. App. LEXIS 3023
- **Precedential status:** Published
- **Opinion:** Dissent by Gulotta
- **Judges:** Garrison, Gulotta, Stoulig
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Boudreaux v. LOUISIANA BD. OF REVIEW, ETC., 374 So. 2d 1182 (1979).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7493215

## Opinion text

GULOTTA, Judge,
dissenting.
I respectfully dissent.
R.S. 23:1601(1) provides, in pertinent part, that an individual shall be disqualified for benefits if the administrator finds that he has left his employment without good cause. R.S. 23:1601(3)(a) provides, inter alia, that the .administrator shall consider, in determining whether or not any work is suitable for an individual, several factors among which is “. . . the distance of the available work from his residence.”
*1261 Our employee, a resident of Gretna, was employed as a watchman in Good Hope, Louisiana. He discontinued his employment “because of transportation.” His testimony was that his car was in “bad shape” and he was required to drive each day twenty-four miles from home to work and twenty-four additional miles return from work to home, or a total of forty-eight miles. Furthermore, our claimant was earning $2.36 per hour.
I am of the opinion, under these circumstances, that plaintiff’s employment was unsuitable and that he had left his employment for good cause. Significant also is the fact that the administrator, as pointed out by the majority, has indicated that the agency joins in with the plaintiff and agrees there is merit to his claim. I would reverse the judgment appealed from and award benefits to the plaintiff.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7493215. Public record. Not legal advice.