SEGUNDO A. NUNEZ,
Petitioner-Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR
and DEEP FOODS.
Respondents-Respondents.

_________________________________

Submitted February 7, 2006 - Decided February 21, 2006

Before Judges Lisa and S.L. Reisner.

On appeal from a Final Decision of the

Board of Review, Department of Labor,

Docket No. 50,363.

Segundo A. Nunez, appellant pro se.

Zulima V. Farber, Attorney General,

attorney for respondent Board of Review

(John C. Turi, Deputy Attorney General,

on the brief).

Respondent Deep Foods, Inc. did not file

a brief.

PER CURIAM

Claimant Segundo Nunez appeals from a final decision of the Board of Review denying his claim for unemployment benefits. We affirm.

Claimant, a truck driver, admitted that he voluntarily resigned his employment. He claimed that he resigned because he believed he needed a commercial driver's license to drive his employer's trucks, and he did not have such a license. He brought this concern to his employer's attention and was assured that he did not need a commercial license to drive their trucks. Nonetheless, claimant resigned, allegedly because a friend of his advised him that if he was driving a truck equipped with air brakes (as his employer's trucks were) he needed a commercial license.

Upon reviewing the record, we agree with the Board of Review that the evidence does not support claimant's view. On this appeal, claimant cites a Commercial Driver's Manual distributed by the Motor Vehicle Commission. The Manual clearly indicates that a commercial license is required in order to drive a truck weighing more than 26,000 pounds. This requirement would not apply to the employer's trucks, which did not weigh over 26,000 pounds. The Manual also indicates that a further test is required in order to drive a truck that weighs in excess of 26,000 pounds and is also equipped with air brakes. The Manual does not indicate that a commercial license is required to drive any truck equipped with air brakes.

We therefore affirm the Board's determination that the claimant left his employment without good cause attributable to the work and was properly disqualified from receiving unemployment benefits. See N.J.S.A. 43:21-5(a).

Affirmed.