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C.A., Lore v. Unemployment Compensation Commission

Superior Court of Delaware, New Castle County

February 28, 1952

Lore
v.
Unemployment Compensation Commission

William E. Taylor, Jr., of Wilmington, for appellant.

F. L. Speakman, and Robert V. Huber, both of Wilmington, for appellee.

HERRMANN, Judge.

This is an appeal from the denial by the Delaware Unemployment Compensation Commission of the appellant's claim for unemployment compensation benefits. The Commission denied the claim upon the ground that the appellant was not 'actively seeking work' within the meaning of that phrase as used in the Delaware Unemployment Compensation Law.

The Commission found as a fact that the appellant registered for work with the State Employment Service but that she made no other effort to find employment. The record supports[46 Del. 578] this finding and it is, therefore, conclusive. 41 Delaware Laws, Chapter 258, Sec. 6(i).

The Statute provides that an unemployed person shall be eligible for benefits only if he is found to be (1) able to work, (2) available for work, and (3) actively seeking work. [1] The third eligibility requirement is contained in few other unemployment compensation statutes and it has been subjected to little judicial interpretation. It is not possible to state precisely what constitutes a sufficient effort to obtain employment within the meaning of the third statutory requisite. It is clear, however,

Page 857

Compare, Guidice v. Board of Review of Division of Employment Security, 14 N.J.Super. 335 82 A.2d 206
Wagner v. Unemployment Compensation Commission, 355 Mo. 805 198 S.W.2d 342

It is held that the Commission properly concluded that registration with the State Employment Service, without more, is not sufficient to meet the 'actively ...


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