Board of Review Decision 334-FHJR-58NK

Because the claimant met her burden to show that she was subject to sexual, unreasonable, and other harassment from her supervisor, she is eligible for benefits pursuant to G.L. c. 151A, § 25(e)(1), following her resignation.

Board of Review
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Boston, MA 02114
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Issue ID: 352-NFJD-KDF4

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) denying an extension of the claimant’s unemployment benefits while he participates in a training program (training benefits). We review, pursuant to our authority under G.L. c. 151A, § 41, and reverse.

The claimant separated from employment and filed a claim for unemployment benefits with the DUA, effective June 15, 2025, which was approved. Subsequently, he filed an application with the DUA for an extension of benefits to attend a training program, which the agency denied on December 26, 2025. The claimant appealed the determination to the DUA hearings department. Following a hearing on the merits, the review examiner affirmed the agency’s determination and denied training benefits in a decision rendered on February 13, 2026. We accepted the claimant’s application for review.

Training benefits were denied after the review examiner determined that the claimant was enrolled in his training program part-time, and, thus, he did not meet the requirements for training benefits pursuant to G.L. c. 151A, § 30(c). 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. 

The issue before the Board is whether the review examiner’s decision, which concluded that the claimant’s part-time enrollment disqualified him from receiving training benefits, 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. The claimant was employed as a regional director of a retail company until he separated from employment on June 14, 2025. 
2. The claimant does not have any other previous work experience. 
3. The claimant is a 100% disabled veteran. 
4. On June 10, 2010, the claimant was diagnosed with general anxiety disorder. 
5. The claimant also has medical issues with his back and knees. 
6. The claimant’s work environment at the retail company was fast paced, where he was moving and interacting with customers throughout the day. 
7. The fast paced environment and interacting with the customers triggered the claimant’s anxiety and caused issues with his back and knees. 
8. The claimant is pursuing additional education so that he can obtain employment in other fields that would not trigger his anxiety and will have less stress on his back and knees. 
9. The claimant has spoken to his family, who will be able to obtain him state employment once he obtains his associates degree. 
10. In or around 2024, the claimant began taking classes at [Name of School]. 
11. The claimant is enrolled in the associates of liberal studies program (program). 
12. The claimant is scheduled to take three (3) classes in the spring 2026 semester, which runs from March 23, 2026, though May 18, 2026. 
13. The claimant’s spring classes total six (6) credits and is a part time schedule. 
14. The claimant is enrolled through the veteran’s vocation rehabilitation program, which only allows the claimant to take the classes required for his program. 
15. The claimant is not able to take any additional classes, and the classes he is enrolled in in the spring 2026 are the only classes available he needs to complete to satisfy his degree. 
16. He needs to complete three (3) additional classes, equaling five (5) credits, to finish his degree requirements, which he is enrolled to take over the summer 2026 semester. 
17. The claimant’s expected graduation date is after the completion of the summer 2026 semester. 
18. The claimant learned about the training opportunities program (TOPS) through his college. 
19. On November 4, 2025, the claimant submitted an incomplete TOPS application for his program.
20. The claimant subsequently provided the missing pages to his TOPS application.

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 is ineligible for training benefits.

The review examiner’s decision to deny the claimant’s application for training benefits derives from G.L. c. 151A, § 30(c), which relieves claimants who are enrolled in approved training programs of the obligation to search for work and permits extensions of up to 26 weeks of additional benefits. The procedures and guidelines for approval of training benefits are set forth in the DUA regulations at 430 CMR 9.00–9.08. 

One requirement is full-time enrollment in the requested training program. Specifically, 430 CMR 9.04 provides, in relevant part, as follows: 

(2) Training providers, and in particular, the training they offer must meet the following measurable standards: . . . 

(b) Be a full-time course, providing a minimum of at least 20 hours of supervised classroom training per week; provided, however, that: 

1. if the program is offered by a community college, college, or university, this requirement shall be met if the program provides a minimum of 12 credits each semester or the equivalent; … 

In this case, the claimant is enrolled in a community college associates degree program, but he is only enrolled part-time, taking fewer than 12 credits during both the spring and summer 2026 semesters. See Findings of Fact ## 10–13 and 16. On this basis, the review examiner denied training benefits. However, the review examiner failed to consider the fact that the claimant is a person with disabilities.

The DUA regulation at 430 CMR 9.08 provides:

Nothing in 430 CMR 9.01 through 9.07 shall be deemed to exclude a qualified individual with a disability from training benefits under M.G.L. c. 151A, § 30(c).

A “qualified individual with a disability” is defined under 430 CMR 9.02 as follows:

Under the ADA, “an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, . . . or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” 28 CFR 35.104.

Findings of Fact ## 3–5 provide that the claimant is a 100% disabled veteran, who has been diagnosed with general anxiety disorder and also has medical issues with his back and knees. The record further shows that the claimant participates in the Veteran Readiness and Employment program provided by a public entity, the Department of Veterans Affairs (VA). See Exhibit 12. This establishes that he is a qualified individual with a disability. 

Apparently, the VA program restricts him to a regimen of only the required courses, which must be taken in the prescribed order set forth by [Name of School]. See Findings of Fact ## 14–16. Thus, a condition of receiving his disability-related services from a public entity prevent him from enrolling full-time during these two semesters. Pursuant to 430 CMR 9.08, we decline to exclude him from receiving training benefits because of this.

We, therefore, conclude as a matter of law that although the claimant is not enrolled full-time, he is eligible for training benefits pursuant to G.L. c. 151A, § 30(c), and 430 CMR 9.08.

The review examiner’s decision is reversed. The claimant is entitled to receive training benefits for the period January 18, 2026, through the week ending July 25, 2026, if otherwise eligible.

1. Exhibit 12 is a letter from the Department of Veteran Affairs, dated February 3, 2026, which confirms the claimant’s enrollment in its employment rehabilitation program. While not explicitly incorporated into the review examiner’s findings, this exhibit and the claimant’s testimony referenced below are part of the unchallenged evidence introduced at the hearing and placed in the record, and they are thus properly referred to in our decision today. SeeBleich 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).
2. During the hearing, the claimant explained that the accelerated courses he is taking in the spring term are pre-requisites for the final set of courses which he will take in the summer semester, and [Name of School] will not allow him to take them all at the same time.

Boston, Massachusetts          Date of Decision - May 12, 2026

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.

JPCA/rh