Appeals Policy and Precedent Manual - Texas Workforce Commission

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APPEALS POLICY AND PRECEDENT MANUAL VOLUNTARY LEAVING Tex 10-01-96 VL HEALTH OR PHYSICAL CONDITION VL 235.25 (3) Appeal No. 3557-CF-77 (con’t) the contrary in that regard. HELD: Under the terms of the collective bargaining contract, the employer had the responsibility to at least mention to the claimant the contract provisions regarding application for light duty assignment but did not discharge that responsibility. Since the claimant was not aware of the contract provisions regarding application for light duty assignment and reasonably believed that no such work was available, his separation, on the advice of his doctor and with no light work available, was involuntary. No disqualification under Section 207.045. Also see Appeal No. 3312-CF-77 under VL 345.00. Appeal No. 2726-CA-77. On the claimant's last working day, she encountered medical difficulties and was taken to the hospital. She told the employer that she would not be returning and that the employer should get someone to replace her. While off work during this illness, the claimant learned that she had been replaced. She assumed that this meant that she had been discharged. As the claimant was under a medical restriction and thus felt that she could not resume her previous work for the employer, she did not attempt to return to her former job nor did she ask for other work with the employer. HELD: Although the claimant was off work because of illness, by not attempting to protect her job by seeking rehire when again able to return to work, the claimant thereby voluntarily left her work without good cause connected with the work. Disqualification under Section 207.045. Also see Appeal No. 3595-CA-75 under VL 135.10 and Appeal No. 2200-CA-76 in this subsection. Appeal No. 2440-CA-77. A claimant who was off work due to illness and who made repeated attempts to protect her job, but who was not reinstated following her doctor's release and her attempted return to work, is not subject to disqualification under Section 207.045.
APPEALS POLICY AND PRECEDENT MANUAL VOLUNTARY LEAVING Tex 10-01-96 VL HEALTH OR PHYSICAL CONDITION VL 235.25 (4) Appeal No. 2032-CA-77. More than four months prior to the day she quit work, the claimant had consulted a physician who advised her to obtain work requiring less talking, as she had a medical problem involving her jaw. The claimant, a directory assistance operator for a telephone company, thereupon exercised her seniority to secure a split shift, which was less taxing to her and which she continued on for a time until the office where she was working was closed. She was then sent elsewhere for two weeks' training, upon the conclusion of which, because of her seniority, she would probably have been able to obtain shift work again. After the first week of such training, which required eight hours continuous work daily and considerable talking, the claimant quit the work because of the problem she was again having with her jaw. At no time during the four months prior to her separation did the claimant consult a physician. HELD: Since the claimant had not consulted a physician during the four months prior to her separation and since, when she quit, the claimant had completed one week of a two week training program, upon the conclusion of which she probably would have been able to secure a split shift job similar to that which she had been able to perform despite her health problem, the claimant voluntarily quit her last work without good cause connected with the work. Disqualification under Section 207.045. Appeal No. 1327-CA-77. The claimant quit work, stating to the employer that she was quitting to look for a better job. In fact, the claimant quit due to health reasons, as she had not fully recovered from recent surgery. HELD: By not telling the employer that she was leaving due to health reasons and not asking for a transfer to other work, the claimant deprived the employer of the opportunity to attempt to find work with his company which the claimant could perform. Accordingly, the claimant was held to have left her last work voluntarily without good cause connected with the work. Disqualification under Section 207.045. Appeal No. 256-CF-77. The claimant, a U.S. Postal Service mail handler, was unable, due to a non-work-related back injury, to perform all the duties of his position. He was offered a promotion to a light duty job as a clerk, which medical evidence indicated he
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Appeals Policy and Precedent Manual - Texas Workforce Commission

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