Omar Pagan V Board Of Review

Key Facts

Issues

• The court determined that Pagan voluntarily resigned without establishing good cause attributable to his employment, as his relocation to Florida was for personal reasons, not work-related ones. This disqualification under N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9.1(b) was upheld based on the record, including his failure to secure a transfer approval and submission of a resignation letter.
• The court declined to consider Pagan's novel arguments (e.g., the disqualification was arbitrary) as they were not presented to the trial court. Exceptions for jurisdictional issues or matters of public interest did not apply here, per Nieder v. Royal Indem. Ins. Co.
• The court affirmed the requirement for Pagan to refund the unemployment benefits received, citing N.J.S.A. 43:21-16(d) and precedent that mandates repayment when disqualification is established. The Board adjusted the disqualification period to July 18–November 13, 2021, aligning with the repayment obligation.

Holdings

• The court affirmed that Omar Pagan's resignation from Loomis Armored US, LLC was voluntary and not based on good cause attributable to his employment. Pagan's decision to relocate to Florida for personal reasons disqualified him from receiving unemployment benefits under N.J.S.A. 43:21-5(a). The court found substantial credible evidence supporting the Board of Review's determination of ineligibility.
• Pagan was required to refund $6,618 in unemployment benefits received from July 31, 2021, through November 13, 2021, under N.J.S.A. 43:21-16(d). The court upheld this repayment obligation, citing prior case law that mandates full repayment when disqualification occurs.

Remedies

Legal Principles

• The court determined that the claimant's relocation for personal reasons did not constitute good cause attributable to work under the Unemployment Compensation Law.
• The court applied a deferential standard of judicial review, affirming the administrative agency's decision unless it was arbitrary, capricious, or unreasonable.
• The claimant bore the burden of proving that his voluntary separation was due to good cause attributable to work, which he failed to demonstrate.

Precedent Name

• In re Stallworth
• Ardan v. Bd. of Rev.
• Lavezzi v. State
• Fischer v. Bd. of Rev.
• Bannan v. Bd. of Rev.
• D.C. v. Div. of Med. Assistance & Health Servs.
• Nieder v. Royal Indem. Ins. Co.
• Brady v. Bd. of Rev.
• In re J.S.

Cited Statute

Judge Name

• Bishop-Thompson
• Mawla

Passage Text

• The record demonstrates Pagan resigned solely because he was relocating to Florida. Contrary to his claim, Pagan's transfer was not approved, as he was not interviewed by the Tampa branch before submitting his resignation on July 6, 2021. Substantial credible evidence supports the finding Pagan voluntarily resigned: he reported to work on July 22, called out sick on July 23, and relocated on July 24. Pagan's 'purely personal reason' for leaving employment disqualifies him from receiving benefits.
• '[I]n reviewing the factual findings made in an unemployment compensation proceeding, the test is not whether an appellate court would come to the same conclusion if the original determination was its to make, but rather whether the factfinder could reasonably so conclude upon the proofs.'
• It is undisputed Pagan received $6,618 in unemployment benefits. Under N.J.S.A. 43:21-16(d), Pagan is required to make full repayment of unemployment benefits received because he was disqualified.