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eBook details

• Title: Matter Claim Bernice Marsh
• Author : Court of Appeals of New York
• Release Date : January 30, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Claimant, a ""full charge bookkeeper"" was because of slack business conditions discharged from a job at which she had been paid $95 per week. After she had filed her claim for unemployment insurance benefits the State Employment Service got for her a job referral or offer of employment at $90 per week which she refused on the ground that the wage was inadequate. The Industrial Commissioner thereafter ruled that she was not entitled to insurance benefits since, as he thought, she had not brought herself within the exception found in section 593 (subd. 2, par. [d]) of the Labor Law which provides that such a claimant need not accept employment where: ""the wages or compensation * * * are substantially less favorable to the claimant than those prevailing for similar work in the locality"". The Referee and in turn the Appeal Board overruled the Commissioner. When the matter came to the courts on the Commissioner's appeal the Appellate Division affirmed. The court called attention to section 624 of the Labor Law which limits the court's power of review to questions of law only and held that there was no power in the courts to upset factual determinations of the Appeal Board and that this particular determination was not erroneous in its construction or application of the law.

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