Wunsch v. Administrator, Unemployment Compensation Act

Full title: Danah L. WUNSCH v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT et al.

Court: Superior Court of Connecticut

Date published: Nov 7, 2019

HHBCV185025053 (Conn. Super. Ct. Nov. 7, 2019)

Opinion

HHBCV185025053

11-07-2019

Danah L. WUNSCH v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT et al.

LOUIS TANZER, J.T.R.

UNPUBLISHED OPINION

OPINION

LOUIS TANZER, J.T.R.

This is a statutory appeal concerning unemployment compensation. The plaintiff has appealed the decision of the Board of Review ("board") finding her ineligible for benefits because she voluntarily left her job without good cause attributable to the employer. See General Statutes § 31-236(a)(2)(a).

The certified record reveals that at a hearing, de novo, the referee affirmed the Administrator’s denial of plaintiff’s application for unemployment benefits. The referee found the plaintiff told the employer that she was "done" and the employer told her she was not discharged and to report to work the next morning. The referee found the plaintiff’s testimony unreliable and the employer credible. On plaintiff’s appeal to the Board of Review, it adopted the referee’s findings of fact and affirmed his decision.

A hearing before the court was held on July 11, 2019. The plaintiff and the defendant appeared. The court has reviewed the certified record, the defendant’s memorandum, and the plaintiff’s pleadings, and has considered her remarks made at the hearing.

The plaintiff did not file a motion to correct the findings of fact; as such, the court is bound by them. See Practice Book Section 22-4; JSF Promotions, Inc. v. Administrator, 265 Conn. 413, 422-23, 828 A.2d 609 (2003). The court cannot review the conclusions of the board when these depend upon the weight of the evidence and the credibility of witnesses. Davis v. Administrator, Unemployment Compensation Act, 155 Conn.App. 259, 262-63, 109 A.3d 540 (2015). Conclusions of law reached by the referee [and board] must stand if they resulted from a correct application of the law to the facts found and could reasonably and logically follow from such facts. Robinson v. Unemployment Security Board of Review, 181 Conn. 1, 5, 434 A.2d 293 (1980).

In this case, the conclusions of the referee and board follow reasonably from the facts found and correctly apply the law to those facts. The decision of the board is not arbitrary, illegal or an abuse of discretion.

The appeal is dismissed.