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Show TNK DAILY KKCORD MONDAY, DECEMBER 7, 1970 Permits S. L. City Building 095 Zlone Sav A In Aldous stuz New 132 Ctr Ih A L Me Doug 134 Jordan CO West Tempi! 123 S Arc Cillery; tVllburn a1 Kabel H W New 87S 8 2789 N, Provo Window Cleaning New 140 Seo Title, Tr While Floor Coverlngi State Retell - Wigs, Cos, Styl; 1065 So While Max & 536 New Allen Hylton, 217 241 Property; New Bill New Michael C Interior Decorating; Robert Sar New Anderson, HMD 27th So Dentist - Anesthesiology ; S 1st Fed Sar to Victor PFS to Alvin Christensen Paul to Postal etux to SL 313 Net 315 Anderson Lumber Bs to Mtge H R Ayers TutQ.e Const 296 Frank J Fist die: Jack Christensen 336 So 3rd W Upholstery Shop; 388 Ino to Brook-ba- to Assur Coast Ilfs Ins Sharp etux nk R Wm New Snape 1733 So Main Buy & Sell new & used boats; Gordon W Bennett 809 W 17th So While Med & Scientific Sup; David R 1096 Cent to George T Nakai etux 433 Valley etux 438 1st K W 466 New 468 H B Collins 136 E Heinz New & Sel Whsle; D to to R Oh ran Max Carl W M R Spry Ohran to etux 470 PFS 471 Zions 1st list to Robert George Baxter etux Mi R Fogg 472 Zions 1st Net to Mery etux 473 St Sex A In to Irvin E D Rottnan Hirsoh et Augat R Dixon St Furn Salesman; Sunset 492 Lawn Sso to James $ Warner Bk etux New Memorial to Kenneth Peay etux 1st 496 1118 Denver New Actions Release of Mortgages Murray City Court 4971B- Inc - Security ve f375 85 atty 49719- IXarvin A Adjustment Bureau, Terri Wright; contraeti - Security E H. Fenkhaueer 49721- - Collections LRecovery Bureau, Fred A servlets L Mrs Syndergeard; N. C. He naan, - Collections 1 M 1, 1970 Cummings, Clerk Claimant asserts that there la evidence in the record to support a finding that he waa available for work and that the Deportment, therefore, erred in ite determination Cocke vs Wieeley, wherein this court eteted that under U.C.A. 1953, eligibiltiy for compensation ie not note by showing a passive willingness to gain employment the claimant good faith and make an active and reasonalbla effort to secure parties cite 35-4-4- (c), must act in employment Appeals Refer aa found the following factai Claimant's wife had had problem for more than a year, ehlch had required him to mlae work and caused him to lose hie lest three Jobe Claimant's wife wee confined in the hospital Provo, l)teh when he left hie last employment, he was attempting to secure her release Claimant wee cont acted by telephone on September 17 and 18 and requested to come in for referral employment; he responded that he waa unable to come and proffered no specific; pxcuse. A few days later he reporHe subseted to the employment office, but the positions had been filled quently explained that he to.J been unable to report et the time he wee first called because he wee involved wtith hia wife and her problem. Bn September 25, 1969, claimant waa referred to .the. University of Utah but failed to keep hia appointment because it waa necessary to attend a hearing for hia wife on that data; ha made no attempt to arrange another appointmert. Claimant personally contacted only one employer, Kennecott Copper Corporation, during this period; he submitted an application health Appeals Referee found that claimant's unemployment appeared to be The the aeult of personal problems rather than than a lack of auituBble Job opportunities. Until claimenttqf wife was released from tha hospital, it that hia efforts to secure employment were passive in nature rather then an active and reesonelbe effort to secure employment as required by the Act, The Referee cited as evidence the element's failure to respond immediately to tha call-i- n requests end to follow up on tha appointment at the University, and finally tha foot that he had only personally gone to see one employer during this time, until he sea tha employer who hired him on October 20, 1969. Tha Rafares determined that claimant wee not available for work from September 14 to October IB, 1969, end accordingly denied his claim. Sactlon (l), 35-4-- 10 U.C.A. 1953, providesi questions of tha law. In Cocke v If leal ay this court stated that a reversal of an order denying compensation can only be Justified If there be no substantial evidence to sustain tha determination, and there la proof of facta giving rise to the right of compensation so clear and persuasive that the refusal to accept and make an award waa clearly capricious, arbitrary and unreasonable It ia our duty to examine the record end to affirm the decision unless we can say ae a matter of law that the conclusion on the question of "aveiable for work" was wrong because only the opposite conclusion could be drawn from the facts In the instant review, claimant does not dispute the facta aa found but asserts that the Referee omitted from his findings certain undisputed material facts, which would sustain a finding that claimant was available far work This assertion completely disregards the limited Jurisdiction of this court in this action A review of the record reveals substantial, competent evidence to sustain the findings and decision of the Appeals Referee and the Board of Review; in such a case, this court may not set aside the decision aven though wa might have reached a different result The IDE etty Recovery Bureau Inc vs Mike Crowley dba Stsrso City; S85.05 bed cheek; M, C. Hansen, atty I 128100; atty Claimant, Martinez, commenced an action in this court to review the decision of the Boerd of Review, Deportment of Employment Security. The Boerd affirmed a decieion of a Department repreeentatvie end an Appeals refers on the ground that claimants personal problems and hie obvious failure to taka those actione which customarily an individual who is unemployed and seeking work would attempt to do, Indicate that claimant was not "available for work" within the meeting of the Act, Title 35, Chapter 4, U.C.A. 1953 declaion of the Board of Review ia affirmed CONCUR 1 J Allan Crockett, Chief Justice atty Inc vs S50.00 D. Ford, No. 12054 Adjustment Bureau, Inc vs Cary F A Ruth Carlston; 116852 1 eerviceai E H. Fankhauaer 49720- L In any Judicial proceeding under this section the findings of tha commiaaion and tha boerd or review aa to the facte if supported by evidence shall be conclusive and tha Jurisdiction of said court shall be confined to OLX 125 So 13th W Eng & Mfg; New John Leroy to Carl Co Seo Title, Tr New So Temple; New G to 0 Boehne Zho Holbrook 181 W 17th So Pkg Food Prod Ilfs Bankers etux 123 So West Temple B C W Ricks Howard to Fred Fed Sar Ino Adams Retail Sales; Tr to Bk A Seo Title, Tr 465 2100 So Retail Gifts; Bk J Weston In to Darrell Anderson Lumber 453 New J Alder's E to 427 A Krogman etux W Andre R Raymond Sav etux New vices; D ser- Th New Cragun 6th So Service Station - Ind Cai; 1255 Sohnidt Pioneer Jackson stal 6076 Rlverdale Rd; O 410 Jay Bavagis and Leland Canister. Justice! established L H V Lawyers Ogd Beauty Supply L. - Thomas P Vuuk Ford vs Ann Thompson; 49731- Defendant, Section, 404 1211 Wlkr Bk Bldg G. Dean 49730- - Sentry Finance Co vs. Mslvin F. A Nancy folubisk; 1657.20; note B. M, Fullmer, atty In The Supreme Court Of The State Of Utah a life Eq to FTed Cr Ralphs etux Allen Elggren C Tel etux SL New Richard V. Perkins vs Both Oh ran Hones etux 353 ve Co HiLand Dairyman's A nan, Bayne Lyle A Kaye Erilan Barker; 15667; open account; D. Snwaya, atty Boerd of Review, Department of Employment Security, 1963 S New Trust A Johnson; 12500; services; Turner, atty to Aina Sadis etux In A Lend Dev Clark Stlaa Bldg 600 Etrdley to Orlean E F RAy Satterfield etux to Aina Seohs etux 276 A ve 1 ve December Carlson etux etux Valley Bank Clark; 49729- - Martin J Martinez, Pie inti ff. Howard C atty Hansen, Trust To A Runstead aka Roy Runstend A Runstead; 15001 open account; D. Sana ye, atty Emily C. Dial; 1594.65 C. L Turner, etty agreement; charge Slea-uw-en 252 257 J Jay St State Owen An New Kenneth 4972- 5- C M Bank Verona LS. Ron Cay atty Hansen, A Filed etux Selling Carbon Paper; M, C valley 123587; charge eqqrpement; R, b', Perkins, ettv 4972B- - HiLand Dairyman's Assn. vs. Collections Recovery Bureau Inc ve Douglas A Colleen Merrill y 166.30y opne account A services; FTeebeim R atty Hansen, 4972- 3- sarvicee; 251 256 Ben Scovllle 1801 So 2nd E Rest; In to Sen A Birdie S 1363 So State Malnt Mach Shop; New 1086 Con Van etux K P James to Bk Seo Title to Lowell Little 0 Box 11176 Die Personal Th etux Harvey, Jr C 49726 to MoDougal etox L Bnpire Sar 236 M Rulon R, Collection Recovdry Bureau Inc. ve John A Mrs, Bodell; 1129.00 Tropin et X 49727- - Collections Recovery Bureau foul Hemalai 120.00; bad 49724- - Bills B to Vernal Bk etux 1696 S West Temple Mfg Cages; New B Seo Ctr ran Wanlass In to Lorln A Wilbem ; New Stephen R Oh Kay Cook etux Ralph L Neilion 210 E So Temple T Osrl ox 209 John to Jensen W 4972- 2Inc ve cheeky Lindell L. 1st 187 Continental Ind, 25 So 8th W; New teat Th etux 188 2nd W; New N Ctr 151 Anderion D Orton Ctr Th to Anthony J etux 150 9S9 S Meat Temple Farrell to Allen John Inc Donnell P B Murray City Court A Stephen to Phil T Bennett 136 T to In to Brain 0 Barker etux 13S8 So Main Aral Estate New Actions Release of Mortgages Villon C K PAGE THREE R L Tucket t. Justice F. Henri Henrlod, Justice A. H. Ellett, Justice No costa awarded. |