Search Rutgers Law Library N.J. Court Opinions

1 ANDREA CARTWRIGHT v. BOARD OF REVIEW DEPARTMENT OF LABOR and SKC CO. CPAS, LLC -- rank: 1000

... decision finding her ineligible for disability benefits during unemployment under N.J.S.A. 43:21-4(f)(1) from February 15, 2015 through March 28, 2015 ... 15, 2015, through March 28, 2015. The Appeal Tribunal observed N.J.S.A. 43:21-4(f)(1) provides that unemployed individuals shall be eligible to ... for A-0194-18T4 5 disability benefits during unemployment under N.J.S.A. 43:21-4(f)(1) between February 15, 2015 and March 28, 2015 ... during unemployment, but under defined and limited circumstances. See generally N.J.S.A. 43:21-4. N.J.S.A. 43:21-4(f)(1) authorizes disability benefits during unemployment to individuals suffering ... The Division qualified claimant for disability benefits during unemployment under N.J.S.A. 43:21-4(f)(1) from December 28, 2014, when her disability ...

docket:	a0194-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-21
status:	Unpublished
citation:
Document Size:	22187

2 PAUL B. DALNOKY v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 973

... disqualified him for benefits from June 21, 2015, pursuant to N.J.S.A. 43:21- 4(g), because he was employed with an educational institution and ... by the work schedule and submitting inaccurate timesheets. Pursuant to N.J.S.A. 43:21-4(g)(1), the Tribunal also concluded Dalnoky was employed by ... for unemployment benefits as of July 2, 2017. Pursuant to N.J.S.A. 43:21-4(g)(1), the Division notified Dalnoky he was ineligible for ... the PDL&WD. He also argues the Tribunal examiner misinterpreted N.J.S.A. 43:21-4(g) and the statute unfairly burdens substitute teachers. In A-1927-17, Dalnoky argues N.J.S.A. 43:21-4 requires a finding of a reasonable assurance of returning to ... services at an educational institution in the following academic year. N.J.S.A. 43:21-4(g)(1) states: benefits shall not be paid based ...

docket:	a5118-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	30316

3 FREDM. BURG v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT and BROOKDALE COMMUNITY COLLEGE -- rank: 960

... of December 25, 2011 through January 21, 2012, pursuant to N.J.S.A. 43:21-4(g)(3). The Board also found that although appellant was ... could 'only be held not ineligible for benefits pursuant to N.J.S.A. 43:21-4(c), from January 22, 2012 through July 14, 2012, as ... applicable law, the Appeal Tribunal relied on and quoted from N.J.S.A. 43:21-4(g)(1) to (4), which addresses the ineligibility of instructors ... reasonable assurance' of returning in successive academic years or terms. N.J.S.A. 43:21-4(g)(1). The statute also addresses an individual's ineligibility ... in the period immediately following such period or holiday recess[.]' N.J.S.A. 43:21-4(g)(3). Based on these provisions, it concluded that even ... through December 17, 2011. The Appeal Tribunal then quoted from N.J.S.A. 43:21-4(c)(1), which imposes an obligation on claimants to ...

docket:	a4755-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	41131

4 /usr/local/share/www/libweb/collections/courts/appellate/a0831-19.opn.html -- rank: 954

... for unemployment benefits because she was unavailable for work. See N.J.S.A. 43:21-4(c)(1). We affirm. The following facts are derived from ... because she was not available for work as required by N.J.S.A. 43:21-4(c)(1). The Tribunal found that plaintiff's voluntary work ... 287 N.J. Super. 281, 284 (App. Div. 1996) (quoting N.J.S.A. 43:21-4(c)(1)). There is a limited exception for individuals who ... time work was unavailable for work within the meaning of N.J.S.A. 43:21- - 4(c)(1)); McCoy v. Bd. of Rev., Dep't of ... an individual must be actively seeking work to receive benefits. N.J.S.A. 43:21-4(c)(4)(A) provides that: an individual, who is otherwise ... was not 'otherwise eligible' for benefits within the meaning of N.J.S.A. 43:21-4(c)(4)(A) because she voluntarily restricted her work ...

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court:
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Document Size:	25964

5 FRED M. BURG v. BOARD OF REVIEW DEPARTMENT OF LABOR, and BROOKDALE COMMUNITY COLLEGE -- rank: 934

... in a subsequent academic year or term,'2 pursuant to N.J.S.A. 43:21-4(g)(1).3 Burg appealed from the denial, but his ... services provided, that is, a professional capacity as provided by N.J.S.A. 43:21-4(g)(1) or nonprofessional capacity as provided by N.J.S.A. 43:21-4(g)(2). [N.J.A.C. 12:17-12.4(a)(1).] 3 N.J.S.A. 43:21-4(g)(1) provides that, with respect to teaching employees of ... or during a similar period between two regular terms' under N.J.S.A. 43:21-4(g)(1) because the '[s]ummer semester is not in ... Appeal Tribunal affirmed the Deputy Director's decision, relying on N.J.S.A. 43:21-4(g)(1) to find Burg was ineligible for benefits. ...

docket:	a1475-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-19
status:	Unpublished
citation:
Document Size:	22504

6 STEVEN P. EDELSCHEIN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 931

... disability during unemployment" benefits on March 28, 2010. 1 See N.J.S.A. 43:21-4(f). The claim was denied and he administratively appealed the ... on which a claim for benefits can be based. See N.J.S.A. 43:21-4. However, all of those thresholds require that the applicant have ... be available to work in order to qualify for benefits. N.J.S.A. 43:21-4(c). However, the statute makes an exception for persons who ... are receiving unemployment benefits. Ibid. This exception, set forth in N.J.S.A. 43:21-4(f), requires that, apart from the disability, the person must ... out of work. . . . Subsections (f) and (g) were added [to N.J.S.A. 43:21-4], the former providing that where an unemployed individual suffered a ... meet the eligibility requirements for receiving unemployment benefits. Ibid. ; see N.J.S.A. 43:21-4(f)(1). For non-agricultural workers, an applicant for ...

docket:	a6295-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	16248

7 MARY F. TRONGONE v. BOARD OF REVIEW DEPARTMENT OF LABOR and CARE BY YOUR SIDE LLC -- rank: 899

... claim dated 6/28/2009 is invalid in accordance with N.J.S.A. 43:21-4(e). In October 2010, Trongone appealed the second Appeal Tribunal ... benefits, if otherwise eligible and not otherwise disqualified. See generally N.J.S.A. 43:21-4 (eligibility conditions); N.J.S.A. 43:21-5 (dis ...

docket:	a6135-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-12
status:	unpublished
citation:
Document Size:	46023

8 John M. Utley v. Board of Review, Department of Labor -- rank: 895

... would have been entitled to benefits under the Act. See N.J.S.A. 43:21-4 and -5. See generally Sweeney v. Bd. of Review , 43 ...

docket:	a-126-06
court:
decided:	2008-05-15
status:
citation:	194 N.J. 534
Document Size:	83792

9 KAREN MCKNIGHT v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 892

... a claimant is, in fact, eligible for any unemployment benefits. N.J.S.A. 43:21-4; see N.J.A.C. 12:17-5.1 (describing ...

docket:	a3067-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:	Published
citation:
Document Size:	38983

10 MATTHEW J. BOZEK v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 882

... claim for temporary DDU benefits on September 4, 2011. See N.J.S.A. 43:21-4(f). Bozek received a weekly payment of $598 from September ... be available to work in order to qualify for benefits. N.J.S.A. 43:21-4(c). However, the statute makes an exception for persons who ... unable to work while they are receiving unemployment benefits. Ibid. ; N.J.S.A. 43:21-4(f). This exception requires that, apart from the disability, the ... as defined in [ N.J.S.A. 43:21-27]. [ N.J.S.A. 43:21-4(f).] The temporary disability benefits law was enacted to fill ... was required to satisfy the relevant eligibility requirements found in N.J.S.A. 43:21-4(e)(6): The individual applying for benefits in any successive ... earned during the second benefit year within the meaning of N.J.S.A. 43:21-4(e)(6). We disagree. Bozek relies on our decision ...

docket:	a1050-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	15528

11 East Bay Drywall, LLC v. Department of Labor Workforce Development -- rank: 863

... worker be discharged from employment and otherwise qualify. Ibid. (citing N.J.S.A. 43:21-4 and -5). N.J.S.A. 43:21-19(i ...

docket:	a-7-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-02
status:
citation:
Document Size:	54916

12 WILLIAM T. BYRNE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 856

... note that neither the Tribunal nor the Board relied on N.J.S.A. 43:21-4(g), disqualifying employees of educational institutions from payment of unemployment ...

docket:	a5518-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	32160

13 TANYA S. VIALET v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 850

... from December 12, 2010 to January 1, 2011, pursuant to N.J.S.A. 43:21-4(c)(1), which provides that an unemployed individual may receive ... of the statutorily recognized exceptions to the "availability" requirement under N.J.S.A. 43:21-4(c)(1). The exceptions recognized by the Legislature are: compulsory, unpaid vacation, N.J.S.A. 43:21-4(c)(3); participation in approved, training programs, N.J.S.A. 43:21-4(c)(4); jury duty, N.J.S.A. 43:21-4(c)(5); attending an immediate family member's funeral, N.J.S.A. 43:21-4(c)(6); and participation in an approved, self-employment ...

docket:	a1226-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	12929

14 KEONA WRIGHT v. BOARD OF REVIEW NEW JERSEY DEPARTMENT OF LABOR, and CARRIER CLINIC -- rank: 846

... accordance with such regulations as the [D]ivision may prescribe.' N.J.S.A. 43:21-4. Once a claim is approved, it is required that: (a ...

docket:	a0036-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-12
status:	Unpublished
citation:
Document Size:	27215

15 MICHELE M. JELLEY v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 846

... institution in the second of such academic years or terms[.] [ N.J.S.A. 43:21-4(g)(1) (emphasis added).] The Division's regulations similarly provide ... 12:17-12.4(a)(1). As we have explained, N.J.S.A. 43:21-4(g)(1) is tailored to meet the unique ten month ... 337 N.J. Super. 319, 323 (App. Div. 2001).] Under N.J.S.A. 43:21-4(g)(1), 'claimants must demonstrate that they did not have ... common-sense understanding of 'reasonable assurance.' Moreover, our Legislature adopted N.J.S.A. 43:21- 4(g)(1) 'to achieve compliance with the Federal Unemployment Tax ...

docket:	a0583-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-10
status:	unpublished
citation:
Document Size:	38638