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Heikkinen (Ore-Ida Foods, Inc) 7.10

Section 28(1)(c)

AVAILABILITY, Ability to work, Seeking work, Sitting, Voluntary retirement

CITE AS: Heikkinen (Ore-Ida Foods, Inc.), 1980 BR 58612 (B77 18316).

Appeal pending: No

Claimant: Mabel B. Heikkinen

Employer: Ore-Ida Foods, Inc.

Docket No: B77 18316 58612

BOARD OF REVIEW HOLDING: (1) Where a redetermination refers only to Section 28(1)(c) of the Act, the Referee may not rule on Section 28(1)(a). (2) Voluntary retirement is not inconsistent with subsequent attachment to the labor market.

FACTS: The Commission found a voluntary retiree ineligible under Section 28(1)(c) of the Act. The claimant testified she would give up her Social Security benefits, and would travel 30-35 miles, for full time work.

"Further, the claimant's testimony indicates that she was not able to perform the job to which she was last assigned (T, p. 5), however, she is able to do work where she could sit down part of the time (T, p. 10)."

DECISION: The claimant is able and available for work. The finding on seeking work is vacated.

RATIONALE: "[I]t is noted that the referee states (page 2 of his decision) that '(I)t is generally conceded that voluntary retirement ... discloses a mental attitude inconsistent with ... attachment to the labor market.' This statement appears to be unsupported by the Act or by authority. McKinney (Chrysler Corp.), 1977 AB 53130 (B76-15034)."


5, 7, 14, d3 & 15:NA

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