Opinion
2011-08-4
In the Matter of the Claim of Daniel T. FRONCZAK, Appellant.Commissioner of Labor, Respondent.
Daniel T. Fronczak, Attica, appellant pro se.Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 13, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Claimant was hired to perform address canvassing for the United States Census. After four days of training, claimant resigned, informing the employer that he did not think he could perform the job because he had “an electrolyte problem” and needed to urinate frequently. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that he voluntarily left his employment without good cause. Claimant now appeals.
We affirm. Although claimant maintains that he was unable to perform the job based upon physical limitations caused by medication he takes to address a heart condition, he did not provide the employer with any medical documentation regarding his condition prior to resigning and did not resign upon the advice of his doctor ( see Matter of DePuy [Faith United Methodist Church–Commissioner of Labor], 80 A.D.3d 1050, 1051, 915 N.Y.S.2d 402 [2011]; Matter of Dixon–Weaver [Commissioner of Labor], 67 A.D.3d 1243, 1244, 890 N.Y.S.2d 142 [2009]; Matter of Sheldon [Commissioner of Labor], 29 A.D.3d 1143, 1144, 814 N.Y.S.2d 792 [2006] ). Moreover, claimant did not afford the employer an opportunity to reassign him to a position that would accommodate his medical needs ( see Matter of DePuy [Faith United Methodist Church–Commissioner of Labor], 80 A.D.3d at 1051, 915 N.Y.S.2d 402; Matter of Perrone [Commissioner of Labor], 66 A.D.3d 1091, 1091, 886 N.Y.S.2d 782 [2009]; Matter of Kubiak [Commissioner of Labor], 23 A.D.3d 980, 980, 804 N.Y.S.2d 478 [2005] ). Given the circumstances, the Board's determination that claimant voluntarily left his employment without good cause is supported by substantial evidence.
ORDERED that the decision is affirmed, without costs.