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VL 400.00 Legal Impediment to Working

Click on the case numbers below to access decisions that considered eligibility for benefits where a legal impediment prevented a claimant from remaining at a job.

0017 2240 72

0017 2240 72 (Sept. 28, 2016) – Notwithstanding the provisions of G.L. c. 94C, § 32L, the claimant commercial truck driver is disqualified from benefits under Olmeda, because he ingested marijuana even though he knew he was subject to random DOT drug testing and would lose his CDL and ability to perform his job if he failed such test.  He was at fault for his own separation.

0017 2555 29

0017 2555 29 (July 29, 2016) – When the claimant was summoned to grand jury service, she was on leave from her full-time employer and eligible for benefits due to urgent, compelling, and necessitous circumstances.  Because the claimant was able to work some hours for her employer, she was in partial unemployment.

0013 5701 21

0013 5701 21 (Apr. 27, 2015) – It was error for the review examiner to conclude that by the claimant accepting a Workers’ Compensation lump sum settlement, it precluded the claimant from continuing to work for the employer as a matter of law, or that by signing the agreement, the claimant voluntarily ended the employment relationship.  This is because the Massachusetts Appeals Court has ruled that the statutory presumption under G.L. c. 152, § 48(4) – that such employee is incapable of returning to work for the employer – is rebuttable.

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