Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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In the Matter of JR, FH# 2017-0365

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a 51A report of neglect where (1) Appellant Mother’s actions posed a substantial risk to the child’s safety and well-being, (2) Appellant had significant mental health issues, which she exacerbated by using drugs and alcohol, that impaired her…

BOR decision - not a knowing violation or deliberate misconduct

BOR (Board of Review)
The Board reversed the Review Examiner’s decision, finding that there was no evidence that the claimant was aware when he contacted his wife, another employee, at the workplace to discuss their divorce matter that it was against the employer’s rules or policies.  The Board also…

BR-0018173253

BOR (Board of Review)
RE decision denying TOP (Section 30) benefits reversed.  College's shorter summer term requires that claimant devote more hours per week to each course than if course were spread across a (longer) fall or spring semester.  This condensed summer course credit load meets requirement for…

DHCD Tenant Selection Review Decision Index No. 40

DHCD
All decisions made between May 22, 2016 and November 15, 2016.

BOR - 0016 3525 25

BOR (Board of Review)
Review examiner erred in ignoring 430 CMR 4.45(3) and concluding that the claimant, whose availability for work was medically restricted to part-time employment due to a high-risk pregnancy, was ineligible for benefits under § 24(b). However, since the review examiner also found the claimant did not…

OLGT 2016-45: Cross Programs – Community Supported Agriculture (CSA)

DTA

Halsey & Lenox Public Schools – BSEA # 16-05042

BSEA HO Lindsay Byrne

DHCD Tenant Selection Review Decision Index No. 39

DHCD
All decisions made between November 16, 2015 and May 21, 2016.

BR-0016938806

BOR (Board of Review)
Benefit year per diem job does not disqualify the claimant from participating in the Section 30 program because the employer was not offering any hours. During the training period requested by the claimant, she remained in total unemployment and eligible for regular benefits. 

BR-0016302844

BOR (Board of Review)
With a recent history of not teaching one of her assigned courses two years earlier, a new CERB order that threw into doubt whether adjunct assignments listed in a preliminary schedule for the fall, 2015 semester would actually be taught by the adjunct faculty, and no evidence to indicate the order…

BOR - 0015 9657 00

BOR (Board of Review)
Claimant, who was diagnosed with bipolar disorder, depression, and anxiety, left her shift as a produce clerk shortly after being reassigned to a new store, because she felt overwhelmed and was experiencing a panic attack.  Held the claimant’s illness prevented her from thinking clearly and having…

BOR - 0016 3650 39

BOR (Board of Review)
Claimant eligible for training benefits where her Florida training program agreed to comply with DUA requirements for communication about performance and attendance, and met the requirements as a full-time program that can be completed within two years, with a job placement rate above 70%.

BR-0016612365

BOR (Board of Review)
In the eight years working for the college, this adjunct professor’s offered courses had been cancelled four times—most recently two years earlier.  This was either due to low enrollment or due the course being reassigned to a full-time faculty member.  With this history, he could not be reasonably…

BR-0016990645

BOR (Board of Review)
When a temporary employer informs a claimant that his assignment has ended, but offers no new work, the claimant is deemed to have separated due to a lack of work.

BR-0016893240

BOR (Board of Review)
Board approved training benefits to a claimant, who sought to switch Section 30 approval from one full-time biotechnology training program to another before any training began, where both would lead to a biotechnology certificate and be completed within two years, and where the claimant would…

BOR - 0016 6597 36

BOR (Board of Review)
Claimant is disqualified during the period that she was medically unable to work. Thereafter, the evidence showed that she conducted an active work search.  Nothing prohibits submitting a majority of applications to a single or former employer.

BOR - 0016 2085 38

BOR (Board of Review)
The employer failed to establish that the claimant could be reasonably assured of any level of pay in the fall 2015 semester.  The employer had announced that its paralegal studies program would close in the following year, and in the most recent semester, the claimant’s courseload had been reduced…

BR-0016079710

BOR (Board of Review)
Claimant, who withdrew from the TAA program because he started a FT job, but was then laid off shortly thereafter, was permitted to return to the TAA program because he had never stopped participating in his on-line training.  Since he was reinstated for TAA, his TRA benefits were restored.

BOR 0016 7212 27

BOR (Board of Review)
The claimant was denied unemployment benefits on the grounds that he was restricting his availability and work search to part-time work for personal reasons. The Board reversed the denial because the claimant was held to be a caregiver of a family member, his son, with a disability, who is therefore…

BR-0017081572

BOR (Board of Review)
After remand, the claimant has provided reliable evidence showing that, with an aggressive schedule, she can complete her early childhood education bachelor’s degree program in less than 2 years. 

BOR - 0017 4895 95

BOR (Board of Review)
The claimant’s classroom instruction in combination with her clinical training constituted full-time training within the meaning of G.L. c. 151A, § 30(c).  She was taking a minimum of 12 credits each semester or the equivalent, pursuant to 430 CMR 9.05(2)(b)(1).

BOR - 0017 4269 54

BOR (Board of Review)
Based upon the review examiner’s finding that the claimant was told she needed proof of citizenship or a passport before the Career Center would assist her with training benefits, and where the delay in obtaining a passport caused the claimant to miss the 15-week application deadline, the Board held…

BOR - 0016532977

BOR (Board of Review)
An adjunct professor, who was offered 2 classes for the fall semester, did not have reasonable assurance of reemployment in the subsequent academic term, because in the previous spring semester, she actually taught only one of the two offered classes.  The employer failed to establish a reasonable…

BOR - 0014 3048 79

BOR (Board of Review)
Claimant was entitled to apply for Section 30 benefits where domestic violence interfered with her ability to meet the 15-week application deadline.  Her full-time practicum in a public middle school was approvable under 430 CMR 9.04(2)(c).

BOR - 0015 1070 15

BOR (Board of Review)
Temporary help firm employee was not disqualified under G.L. c. 151A, § 25(e), where the claimant requested a new assignment well before she filed a claim for unemployment benefits.   

BHA Hearing Decision: Marijuana Possession/Termination Reversed

Andrew Gouldson, BHA
In this BHA proposed termination decision, the hearing officer determined: Multiple baggies in a bag with an ounce of marijuana is not grounds to find intent to distribute. Federal law still prohibits possession of marijuana, but the fact that MA has decriminalized an ounce or less…

BOR - 0016 2827 68

BOR (Board of Review)
Claimant, whose chosen program applied for and obtained approval to participate in the § 30 program approximately four weeks after he began his training, qualified for training benefits himself.

BR-0015419677

BOR (Board of Review)
With only this adjunct professor’s prior term history in the record showing that half of her offered courses were cancelled due to low enrollment, an offer to teach again in the subsequent semester was not reasonable assurance of reemployment under substantially similar conditions within the meaning…

BR-0016164859

BOR (Board of Review)
Claimant, who both began and quit part-time benefit year employment with the instant employer after he had applied for training benefits, and whose application for training benefits was ultimately approved, is relieved of the obligation to accept and retain this part-time job while enrolled in an…

BOR - 0015 8286 38

BOR (Board of Review)
Claimant whose university provided documentation corroborating his accelerated course of studies could complete his bachelor of science degree within the two-years requirement of 430 CMR 9.05(2)(c).

BR-0012841763

BOR (Board of Review)
A claimant who is required by his union to limit his work-search and availability to work offered through his union’s apprenticeship program has met the availability and work-search requirements of G.L. c. 151A, § 24(b), as long as he is a member in good standing of the union.

BOR - 0015 8288 32

BOR (Board of Review)
After remand, the evidence established that the claimant did not have good cause attributable to the employer to resign, and she did not yet have an offer of a new, permanent, full-time position with another employer, but the claimant may not be disqualified under G.L. c. 151A, § 25(e), because she…

BOR - 0017 0103 50

BOR (Board of Review)
Although the claimant’s school had allowed its Section 30 approval to lapse, the DUA’s JobQuest database now shows that it was approved for the period that the claimant enrolled.  Therefore, the claimant is eligible for Section 30 benefits.

BR-0016117146

BOR (Board of Review)
Claimant’s subsequent approval for training benefits under § 30 after a DUA hearing, applied retroactively to when she actually began training, also permits retroactive waiver of the availability and work search requirements under § 24(b), for the same period.

BOR 0015 0186 75

BOR (Board of Review)
The Board concluded that the claimant, who was in attendance at a full-time educational program, met the requirement of availability. There is no record indicating the claimant’s incapable of working, and the claimant was actively seeking work that the claimant was reasonably fitted. The…

BOR - 0014 7197 91

BOR (Board of Review)
Work search requirements waived retroactively where the claimant’s Sec. 30 application was initially denied but then approved as a result of the appeal process; claimant also demonstrated that she was available for work even though she was in school full time and even though she had no history of…

BOR - 0014 4409 86

BOR (Board of Review)
Claimant whose school’s cosmetology program renewed Section 30 eligibility between her application for training benefits and her appeal to the Board was eligible for training benefits.

BOR - 0014 3119 43

BOR (Board of Review)
Case manager, who had used up her FMLA and was told to return to work, left her full-time job due to urgent, compelling, and necessitous domestic circumstances.  She could not leave her two young children in the care of her husband, who also required assistance and supervision with his significant…

BOR - 0015 4493 28

BOR (Board of Review)
A claimant who left subsidiary part-time base period employment without foreknowledge that she would subsequently be leaving her primary job is not subject to any disqualification or constructive deduction based upon her separation from this employer.

BR-0016282260

BOR (Board of Review)
The employer’s past pattern of hiring the claimant, an adjunct professor, to teach two courses each semester and providing a specific work assignment approximately two weeks before the semester begins was not sufficient to establish reasonable assurance of re-employment.  Until such an offer is…

BR-0015754419

BOR (Board of Review)
The claimant remained eligible for partial unemployment benefits because she continued to work her regular part-time hours and only declined extra per diem shifts when they conflicted with other suitable work.

BOR 0015 4145 42

BOR (Board fo Review)
The claimant was denied unemployment benefits during his leave of absence because he was not available for full-time work. The Board reversed the denial. The claimant could not work his regular full-time truck-driving shift due to child-care issues. The Board, however, held him remain able and…

BR-0011136511

BOR (Board of Review)
Where the record showed that the claimant continued her part-time on-call work for this subsidiary employer during the benefit year, and nothing in the record supported the review examiner’s conclusion that the claimant was not available for full-time work, she may not be disqualified under G.L. c.…

DHCD Tenant Selection Review Decision Index No. 38

DHCD
All decisions made between May 19, 2015 and November 16, 2015.

BOR 0015 6813 40

BOR (Board of Review)
The claimant was denied unemployment benefits based on her failure to meet the work-search requirements, and her lack of availability due to her attendance at a full-time school program. The Board reversed the determination. The Board held that attending school full-time does not result in a per se…

BOR - 0015 5236 84

BOR (Board of Review)
The claimant had urgent, compelling and necessitous reasons for her separation from employment, when her employer terminated her for failing to obtain a renewed work authorization card from Immigration Services before her card expired, although she had timely applied and pursued obtaining the card,…

EAEDC Hearing Decision on Incomplete Supplements

Paul Semenza, Hearing Officer
Ruling: DTA must advise clients of why their verifications were inadequate. DTA terminated client’s EAEDC based on a claim that his Disability Supplement was incomplete. The client was not informed of what specifically was incomplete. Advocate learned the day of the hearing that the…

BOR - 0014 8522 47

BOR (Board of Review)
Lacking anything in the record to support the review examiner’s finding that the DUA informed the claimant of her 15-week application deadline, the Board set it aside.  Under 430 CMR 9.06(3)(c), the deadline was tolled and the claimant’s application was, therefore, timely. 

BOR - 0014 5567 37

BOR (Board of Review)
Home health aide remained eligible for partial unemployment benefits when she declined hours offered by an employer which conflicted with her hours from another, higher paying home health agency.  Partial unemployment benefits are not jeopardized when a claimant declines hours for more suitable…

BR-0016271853

BOR (Board of Review)
Where the school failed to provide the software needed to perform coursework until after the originally approved training program completion date, and the claimant exercised due diligence in pursuing the software and performing coursework upon receiving it, he was entitled to an extension of Section…