STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC DISTRICT COURT, SIXTH DIVISION

ANN BILOBRAM :
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V. : A.A. 06-02
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DEPARTMENT OF LABOR AND TRAINING, BOARD OF REVIEW

DECISION

MOORE, J. This matter is before the Court on an appeal by the employee from an adverse decision by the Board of Review denying benefits. The Director, the Referee and the Board of Review all found that the employee had voluntarily left her job without good cause and was not entitled to benefits, pursuant to G.L.R.I. 28-44-17. The Court affirms that decision.

Ann Bilobram left work on June 2, 2006. She consulted her physician who wrote two medical excuses, one from June 5 through June 20, and the second on June 29 stating that her patient needed a less stressful position. At the hearing before the Referee the employee testified that she didn't feel there was any other job available for her at the employer's business and she didn't explore any opportunities. (Tr. at p. 9). The employer's representative testified that the company would have come up with another position for Ms. Bilobram. (Tr. at p. 13).
The Court believes there would have to be some testimony that the employee sought another less stressful position, and there was no such position available. The employer was never given an opportunity to provide an alternative. The dissenting member of the Board of Review believed that for Ms. Bilobram to return and seek another position would have been a "fool's errand". However it would have provided evidence that in fact there was no less stressful job available.

This file was assigned for decision on November 1, 2006. On or about November 20, 2006 a packet of material was received from the employer. It is not clear if Ms. Bilobram was sent a copy of this material. When sitting as an appellate court this Court can not accept or consider new evidence. If a litigant wishes to have new evidence considered it is that litigant's option to file a Motion to Reopen the Hearing below. The Court has not considered that new evidence.

Pursuant to § 42-35-15 this Court has a limited scope of review on appeal. The Court affirms the action of the Department.