Anthony Wilson v. Kentucky Unemployment Insurance
EMPLOYMENT: Unemployment benefits only require reasonable effort to obtain
work which includes seeking employment through claimant's union
PUBLISHED: REVERSING AND REMANDING
PANEL: STUMBO PRESIDING JUDGE; LAMBERT, THOMPSON CONCUR
JEFFERSON CIR. CT.
DATE RENDERED: 11/21/2008
This appeal arose from a denial of unemployment benefits and whether seeking
employment through the union qualified as a resonable effort to obtain
work. COA reversed and remanded an order of the circuit court affirming a decision by the Kentucky Unemployment Insurance Commission to deny appellant benefits.
The COA held (a) that appellant failed to preserve the issue of setting aside the referee’s and Commission’s order when he failed to raise it during the administrative
proceedings; (b) and that the Commission erred by applying the wrong standard in denying benefits. The standard required by KRS 341.350(4) was that appellant make a “reasonable effort to obtain work,” not that he be “actively seeking work.” Because appellant was only temporarily without work, seeking employment through his union could be seen as reasonably seeking work even though it might not qualify as an active search.
By Michael Stevens