Board of Review Decision 334-FHHV-DH6J

Where the claimant was dealing with the physical and psychological effects of domestic violence, she had good cause to miss her RESEA review pursuant to 430 CMR 4.01(8)(b)(8), and she is eligible for benefits.

Board of Review
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Boston, MA 02114
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Issue ID: 334-FHHV-DH6J

Board of Review Decision

Introduction and Procedural History of this Appeal 

The claimant appeals a decision by a review examiner of the Department of Unemployment Assistance (DUA) to deny unemployment benefits. We review, pursuant to our authority under G.L. c. 151A, § 41, and reverse. 

The claimant filed a claim for benefits, effective July 2, 2023, and was found to be eligible. However, on September 5, 2023, the agency determined that the claimant was not entitled to unemployment benefits beginning August 27, 2023. The claimant appealed and attended the hearing. In a decision rendered on March 19, 2026, the review examiner affirmed the agency’s determination. The Board accepted the claimant’s application for review.  

Benefits were denied after the review examiner determined that the claimant did not show good cause for her failure to complete a Reemployment Services and Eligibility Assessment (RESEA) review by a September 1, 2023, deadline date. Thus, he concluded that the claimant was not eligible for benefits pursuant to G.L. c. 151A, § 25(a). Our decision is based upon our review of the entire record, including the recorded testimony and evidence from the hearing, the review examiner’s decision, and the claimant’s appeal, as well as information from the Department of Career Services’ Massachusetts One Stop Employment System database (MOSES).

The issue before the Board is whether the review examiner’s decision, which concluded that the claimant did not have good cause to miss the RESEA review deadline even though she was dealing with the physical and psychological impact of an abusive relationship, is supported by substantial and credible evidence and is free from error of law.

Findings of Fact

The review examiner’s findings of fact are set forth below in their entirety:

1. On 7/31/2023, the DUA notified the claimant of the need to attend a Career Center Seminar by 8/18/2023 and RESEA Review by the deadline of 9/1/2023. 
2. The claimant does not recall if she received the notification by mail or electronically. 
3. The claimant did not attend due to mental health issues and a [sic] domestic violence issues. 
4. The claimant has not called or visited her local career center to re-schedule to attend another RESEA Review. 
5. The claimant has still not attended the RESEA Review.

Ruling of the Board

In accordance with our statutory obligation, we review the record and the decision made by the review examiner to determine: (1) whether the findings are supported by substantial and credible evidence; and (2) whether the review examiner’s conclusion is free from error of law. Upon such review, the Board adopts the review examiner’s findings of fact and deems them to be supported by substantial and credible evidence. However, as discussed more fully below, we disagree with the review examiner’s legal conclusion that the claimant failed to present good cause for missing her RESEA review deadline. 

We analyze the claimant’s eligibility pursuant to G.L. c. 151A, § 25(a), which provides, in relevant part, as follows:  

No waiting period shall be allowed and no benefits shall be paid to an individual under this chapter for—(a) Any week in which he fails without good cause to comply with the registration and filing requirements of the commissioner. The commissioner shall furnish copies of such requirements to each employer, who shall notify his employees of the terms thereof when they become unemployed.  

  Also relevant is the following DUA regulation, which pertains to participation in RESEA services. 430 CMR 4.01 provides, in pertinent part:

(8) Profiling. 

(a) Any individual who has been identified pursuant to a profiling system established by the Commissioner as likely to exhaust regular benefits and in need of job search assistance services to make a successful transition to new employment shall not be eligible for benefits for any week such individual fails without good cause to attend and participate in a reemployment services seminar or such follow-up review sessions as directed by the Commissioner.  

  (b) For the purposes of 430 CMR 4.01(8)(a), the term “good cause” shall mean:  

 1. attendance at a job interview;  

2. claimant, household member or immediate family member illness;  

3. emergency family care issue, provided, that attempts to secure family care for the scheduled activity have been made;  

4. unexpected transportation problems;  

5. previously scheduled health-related appointments;  

6. jury duty;  

7. death of a household member or immediate family member (including a spouse, child, parent, brother, sister, grandparent, stepchild, or parent of a spouse);  

8. the individual’s need to address the physical, psychological and legal effects of domestic violence as defined in M.G.L. c. 151A, § 1(g½); and  

9. other circumstances which the Commissioner determines are beyond the individual’s control; and  

(c) An individual who fails to attend a reemployment services seminar or review session (either for good cause or otherwise) shall attend a rescheduled seminar or review session as directed by the Commissioner.  

(d) A claimant who has been determined to have good cause for failing to attend a reemployment services seminar or review session shall be eligible for benefits, provided, that the claimant is otherwise eligible for benefits under the other provisions of M.G.L. c. 151A.  

In this case, the claimant was required to attend a RESEA review by the September 1, 2023, deadline. See Finding of Fact 1. However, the findings show that, during this time, the claimant was unable to complete the RESEA requirements because she was addressing the ongoing effects of domestic abuse. See Finding of Fact 3. Specifically, the claimant explained that she was unable to complete the RESEA requirements because she “was in a very abusive relationship” during 2023 through 2024 that caused her to be “in and out of the hospital” with mental health issues and she “suffered three concussions.” She added that her “memory has not fully recovered” and she was still seeing a therapist. The claimant stated that she was unable to escape that relationship until the end of 2024. 

In our view, these reasons for missing the deadline were due to the individual’s need to address the physical and psychological effects of domestic violence as defined in M.G.L. c. 151A, § 1(g½). Pursuant to 430 CMR 4.01(8)(b)(8), this constitutes good cause to miss her RESEA deadline. 

We, therefore, conclude as a matter of law that the claimant had good cause, pursuant to 430 CMR 4.01(8)(b)(8), for her failure to comply with the registration and filing requirements of G.L. c. 151A, § 25(a), from the week beginning August 27, 2023, through the week beginning February 18, 2024. Pursuant to 430 CMR 4.01(8)(d), she is entitled to benefits for that period. 

The review examiner’s decision is reversed. The claimant is entitled to receive benefits for those weeks she certified for benefits from the week beginning August 27, 2023, through the week beginning February 18, 2024, if otherwise eligible. 

Boston, Massachusetts                                              Date of Decision – June 12, 2026

1. The claimant’s uncontested testimony in this regard, while not explicitly incorporated into the review examiner’s findings, is part of the unchallenged evidence introduced at the hearing and placed in the record, and it is thus properly referred to in our decision today. See Bleich v. Maimonides School, 447 Mass. 38, 40 (2006); Allen of Michigan, Inc. v. Deputy Dir. of Department of Employment and Training, 64 Mass. App. Ct. 370, 371 (2005).

Charlene A Stawicki, Esquire
Member

Michael J. Albano
Member

Any further appeal would further appeal further appeal would be to a Massachusetts State District Court.
(See Section 42, Chapter 151A, General Laws, Enclosed)

The last day to appeal this decision to a Massachusetts District Court is thirty days from the mail date on the first page of this decision. If that thirtieth day falls on a Saturday, Sunday, or legal holiday, the last day to appeal this decision is the business day next following the thirtieth day.

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Please be advised that fees for services rendered by an attorney or agent to a claimant in connection with an appeal to the Board of Review are not payable unless submitted to the Board of Review for approval, under G.L. c. 151A, § 37.

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