Board of Review Decision 352-NJRT-3FTK

During the first week he was denied benefits, the claimant had not started his training program and was able, available for, and actively seeking work. He was approved for training benefits under G.L. c. 151A, § 30(c) for the remainder of the weeks at issue. Held the claimant is not denied benefits pursuant to G.L. c. 151A, § 24(b).

Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
Phone: [phone]
Fax: [phone]

Issue ID: 352-NJRT-3FTK

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 unemployment benefits with the DUA, effective January 11, 2026, which was initially approved. However, in a determination issued on February 13, 2026, the DUA denied benefits for the period of January 18, 2026, to March 21, 2026. The claimant appealed the determination to the DUA hearings department. Following a hearing on the merits attended by the claimant, the review examiner affirmed the agency’s initial determination and denied benefits in a decision rendered on March 31, 2026. We accepted the claimant’s application for review.

Benefits were denied after the review examiner determined that the claimant was not available for full-time work and, thus, was disqualified under G.L. c. 151A, § 24(b). 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 was ineligible for benefits because he had not been available to work full-time while attending a full-time vocational training program, 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 effective date of the claim is January 11, 2026. 
2. Prior to filing for benefits, the claimant worked full-time as a sales manager for an automotive dealership. 
3. The claimant has no medical or physical issues preventing him from being able to accept full-time work. 
4. The claimant has been looking for full-time work. 
5. From January 26, 2026, until March 19, 2026, the claimant was attending a full-time vocational training program to obtain his tractor-trailer driver's license. 
6. The claimant has never worked full-time or gone to school full-time before. 
7. On February 13, 2026, the DUA issued a Notice of Disqualification denying the claimant benefits under Chapter 151A, Section 24b from January 24, 2026, through March 21, 2026.

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. After such review, the Board adopts the review examiner’s findings of fact except as follows. 

There appears to be a typographical error in Finding of Fact 6, which states that the claimant has never worked full-time or gone to school full-time before. Consistent with the record and Finding of Fact 2, we believe that the review examiner intended to find that the claimant has never worked full-time while going to school full-time before. 

Finding of Fact 7 appears to be incomplete insofar as it states that the claimant was denied benefits from January 24, 2026. As the notice of disqualification issued to the claimant on February 13, 2026, states, the claimant was denied benefits from the week ending January 24, 2026. See Exhibit 3.

In adopting the remaining findings, we deem them to be supported by substantial and credible evidence. However, as discussed more fully below, we reject the review examiner’s legal conclusion that the claimant is not eligible for benefits. 

G.L. c. 151A, § 24(b), provides, in pertinent part, as follows: 

[An individual, in order to be eligible for benefits under this chapter, shall] . . . (b) Be capable of, available, and actively seeking work in his usual occupation or any other occupation for which he is reasonably fitted . . . .

Under G.L. c. 151A, § 24(b), the burden of proof is on the claimant. See Evancho v. Dir. of Division of Employment Security, 375 Mass. 280, 282–283 (1978) (“the burden rests on the unemployed person to show that his continued unemployment is not due to his own lack of diligence”) (citation omitted).

To be eligible for benefits under G.L. c. 151A, § 24(b), claimants are expected to be physically capable of, available for, and actively seeking full-time work.

The claimant does not have any medical or physical issues affecting his ability to work full-time. See Finding of Fact 3. Thus, he met the requirement to be capable of full-time work. 

The claimant has also been looking for full-time work. See Finding of Fact 4. His work search logs for the period of January 18, 2026, to February 21, 2026, show that he completed three work search activities each week. See Exhibits 5–9. Since the claimant was actively searching for full-time work three times a week, he met the work search requirement. 

The question that remains is whether the claimant was available for full-time work during the weeks at issue. 

The review examiner concluded that the claimant was not available for full-time work since he was attending a full-time vocational program and had never worked full-time while going to school full-time before. However, the claimant did not begin his program until January 26, 2026. See Finding of Fact 5. He was not in training during the week beginning January 18, 2026. Nothing in the record indicates that the claimant’s availability was limited for any reason other than attending his training program. Thus, the claimant has satisfied the statutory requirement to be available for full-time work during the week beginning January 18, 2026. 

We note that information in the DUA’s electronic record-keeping system shows that on March 31, 2026, the day the instant hearing decision was rendered, the claimant was approved for extended unemployment training benefits pursuant to G.L. c. 151A, § 30(c), for the period of January 25, 2026, to March 21, 2026. Approval for benefits under G.L. c. 151A, § 30(c), results in a waiver of the availability and work search requirements of G.L. c. 151A, § 24(b). See 430 CMR 9.01. 

We, therefore, conclude as a matter of law that the claimant was capable of, available for, and actively seeking work during the week ending January 24, 2026. In light of the approval of the claimant’s G.L. c. 151A, § 30, benefits, we further conclude as a matter of law that the claimant is not disqualified from receiving benefits under G.L. c. 151A, § 24(b), from January 25, 2026, through March 21, 2026, the period for which he has been approved for training benefits under G.L. c. 151A, § 30(c).

The review examiner’s decision is reversed. The claimant is entitled to receive benefits for the period of January 18, 2026, to March 21, 2026, if otherwise eligible.

Boston, Massachusetts                                              Date of Decision – July 6, 2026

1. Exhibit 3, the notice of disqualification issued to the claimant on February 13, 2026, 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). 
2. Although not specifically stated in G.L. c. 151A, § 24(b), other provisions of the Massachusetts Unemployment statute establish that unemployment benefits are intended to assist claimants in finding and returning to full-time work. See, e.g., G.L. c. 151A, §§ 29 and 1(r), which provide for the payment of benefits only to those who are unable to secure a full-time weekly schedule of work.
3. Exhibits 5–9, the claimant’s certifications for benefits for the week ending January 24, 2026, through the week ending February 21. 2026, are also part of the unchallenged evidence introduced at the hearing.

Martha M. Wishart, Esq.
Chair

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.

Visit this page to locate the nearest Massachusetts District Court.

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.

REB/rh