Rice v. State6/12/2002
STATEMENT OF THE ISSUE
I. Did the Board of Labor Appeals (Board) correctly interpret and apply § 39-51-2302, MCA?
STATEMENT OF THE CASE
On or about June 12, 2001, Darren Rice filed a claim for unemployment benefits. By Notice of Determination dated June 25, 2001, the Unemployment Insurance Division (Division) notified Rice that he was disqualified from receiving benefits, primarily because he had not provided the required physician's statement that it was medically necessary for him to leave his job. On June 27, 2001, Rice requested a redetermination. He also submitted a medical information request form completed on June 22, 2001.
By a Notice of Redetermination dated July 10, 2001, the Division informed him that, as he had not left his employment on the advice of a physician, the initial determination would stand. On July 18, 2001, Rice appealed and requested a hearing.
A contested case hearing was conducted on August 13, 2001. In his decision dated August 17, 2001, the Hearing Officer affirmed the previous determinations of the Benefits Bureau. See Hearing Officer Michael T. Furlong's Decision of August 17, 2001, a copy of which is attached hereto as Appendix 1. Per his appeal of that decision, on September 7, 2001, Rice appeared before the Board of Labor Appeals and argued his case. After reviewing the record and considering Rice's argument the Board affirmed the Hearing Officer's decision. See the Board's Decision of September 11, 2001, a copy of which is attached hereto as Appendix 2. On October 11, 2001, Rice timely filed his Petition for Judicial Review. He served the Petition on the Division on December 6, 2001. The Division filed its response on January 17, 2002.
By Order dated February 13, 2002, the District Court reversed the Board's decision and awarded unemployment benefits to Rice. See District Judge Michael C. Prezeau's Order Reversing Denial of Unemployment Benefits, a copy of which is attached hereto as Appendix 3. On February 27, 2002, the Division filed a motion requesting relief from the Order and the opportunity to submit a brief on the merits of the Petition.
By Order dated February 28, 2002, the Court withdrew its previous Order and provided a date by which the parties were to submit briefs. On March 15, 2002, the Court entered an Order reversing the Board and awarding unemployment benefits to Rice. See District Judge Michael C. Prezeau's Order Reversing Denial of Unemployment Benefits, a copy of which is attached hereto as Appendix 4. It is from that Order that the Division appealed to this Court. In concert with Rice., the Division certified that the appeal is not subject to Rule 54, M.R.App.P. mediation requirements.
STATEMENT OF FACTS
The facts found by the Hearing Officer, in his August 13, 2001, decision, were uncontested by Rice at the district court level and are incorporated by reference herein. Here, in summary fashion, are those facts, supplemented by Rice's September 7, 2001, testimony before the Board.
Darren Rice began driving a long haul truck for Industrial Transfer and Storage on October 14, 1999. See Furlongs Findings of Fact (hereinafter cited as "FF") at page 1, paragraph 1 of his decision of August 17, 2001. Rice last drove for said employer on June 1, 2001. [FF page 2, paragraph 1]. Prior to being hired by Industrial Transfer, he informed them that he suffered from bipolar disorder that required him to take certain prescription medications. [FF page 1, paragraph 2; Transcript before the Board of Labor Appeals (hereinafter cited as "BT") page 5, line 11 and page 7, lines 17 through 19]. As Rice's medical condition was controlled by his p
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