394 So. 2d 1279

Warren HURST v. STATE of Louisiana, DIVISION OF ADMINISTRATION and the Administrator of Louisiana Dept. of Employment Security et al.

No. 13923.

Court of Appeal of Louisiana, First Circuit.

Jan. 26, 1981.

Bruce E. Simpson, Kentwood, for plaintiff.

James A. McGraw, Willie D. Maynor, Baton Rouge, for defendant Herbert L. Sum-rail and Office of Employment Security.

*1280John Koch, James D. Caldwell, Baton Rouge, for defendant — Louisiana Dept, of Corrections.

Before LOTTINGER, EDWARDS and PONDER, JJ.

PONDER, Judge.

Defendant, Louisiana Department of Corrections, appealed from the reversal of the determination by the Louisiana Employment Security Board of Review that plaintiff was not entitled to unemployment benefits.

The issues are the scope of judicial review and whether the cost of transportation existing prior to employment can be a “good cause connected with employment” so as to entitle claimant to unemployment benefits.

We reverse and render.

Plaintiff obtained employment at the Dixon Correctional Institute located approximately forty-five miles from his home. He planned to arrange a car pool to and from work, but was unable to do so. After working two months, plaintiff quit. The denial of plaintiff’s claim for unemployment benefits by the Louisiana Office of Employment Security Appeals Referee was affirmed by the Louisiana Employment Security Board of Review, on the finding that plaintiff was aware of the cost of transportation when he accepted employment. His resignation was therefore without good cause connected with employment. Defendant, Department of Corrections appealed the trial court’s reversal. Defendant, Louisiana Administrator of the Office of Employment Security, joined in plaintiff’s prayer that the decision of the trial court be affirmed.

The Louisiana Department of Corrections argues that the court improperly applied the standard for judicial review found in LSA-R.S. 23:1634.1 We find no error. The court accepted the findings of fact by the Board of Review as conclusive and based its reversal on a legal conclusion.

The Department of Corrections urges the trial court misapplied the ruling of Bate-*1281man v. Howard Johnson Company, 292 So.2d 228 (La.1974) in which the Supreme Court, interpreting LSA-R.S. 23:1601(1) and LSA-R.S. 23:1601(3)(a)2 together, held that suitability of employment, including the cost of transportation to and from a job, can be a factor in determining whether one had “good cause connected with the employment” for leaving.

We believe defendant’s claim has merit. The court in Bateman ordered compensation paid a claimant who left her employment after public transportation from her work terminated due to a city-wide curfew. Further refining the holding of Bateman, the Supreme Court in Boudreaux v. Louisiana Board of Review, Department of Employment Security, 374 So.2d 1182 (La.1979) stated “... it is good cause connected with employment for an employee to quit his job when the work becomes unsuitable within the meaning of the statute due to unanticipated working conditions.” The court allowed compensation to a claimant who left employment after being transferred to a post requiring a forty-eight mile round trip.

Here, however, plaintiff was aware of the ninety-two miles round trip when he accepted employment. His failure to form a private car pool, while unfortunate, is not an unanticipated working condition within the meaning of Bateman and Boudreaux.

Because we find the holding in Bateman inapplicable to this case, we find it unnecessary to address appellant's challenge to the legal soundness of that decision.

For the above reasons the judgment of the trial court is reversed. It is now ordered, adjudged and decreed that the decision of the Louisiana Employment Security Board of Review be affirmed.

*1282Appellee is relieved of the costs of this appeal by LSA-R.S. 23:1692.

REVERSED AND RENDERED.

LOTTINGER, J., concurs.

Hurst v. State, Division of Administration
394 So. 2d 1279

Case Details

Name
Hurst v. State, Division of Administration
Decision Date
Jan 26, 1981
Citations

394 So. 2d 1279

Jurisdiction
Louisiana

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