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Beckius v. New Prague Community Schools7/12/2005
Relator Marty Beckius challenges the decision of the senior unemployment review judge that he was disqualified from receiving unemployment benefits because of employment misconduct because he failed to report to work as directed by his employer. Beckius argues (1) that he did not return to work because of an ongoing medical problem of which the employer was aware and (2) that he made a good-faith error in judgment by refusing to take FMLA leave and by providing a doctor's note that lifted all work restrictions. We affirm.
FACTS
Relator Marty Beckius worked as a custodian for respondent New Prague school district from June 2002 until March 10, 2004. He began his job at a primary school but was later reassigned to the high school.
Before he began working for respondent, Beckius had been treated for colon cancer, and as a result he developed irritable bowel syndrome (IBS). One of the symptoms of Beckius's IBS was frequent bowel movements. He contends that the IBS did not hinder his work performance at the primary school but that his condition was aggravated at the substantially larger high school where he had to cover more area, climb more stairs, and perform more job activities.
Shortly after his transfer to the high school, Beckius complained to respondent about his new assignment, indicating that his IBS symptoms were aggravated by his new work duties. His physician, Dr. Hammes, submitted a report dated September 12, 2003, stating that Beckius did not have a permanent disability, had not yet reached maximum medical improvement, and could continue to work with limitations. The doctor indicated that Beckius "needs to have a chance to walk less distance and possibly rest more often . . . ."
On October 23, 2003, Dr. Hammes wrote that Beckius had complained of an aggravation of his IBS symptoms since his transfer to the high school, and in November 2003, the doctor stated that it was "difficult to quantify" Beckius's limitations but that the doctor believed that Beckius's job tasks at the high school aggravated his IBS. On November 19, 2003, another of Beckius's physicians wrote that Beckius "should be assigned to a position that does not require him to walk as excessively." In December 2003, Dr. Hammes reported that Beckius was unable to climb stairs and could walk three hours or less. Despite the physicians' statements, Beckius never asked respondent for any work accommodations.
On January 5, 2004, Dr. Hammes wrote that all restrictions on Beckius's work were removed and that he could "walk as much as needed per shift." The doctor followed that statement with a letter one week later in which he indicated that he could not quantify Beckius's problems and suggested that a full occupational-medicine work evaluation would be necessary.
Beckius began taking sick leave on January 2, 2004, during which he requested that respondent reassign him to the primary school at which he began his employment. On February 25, 2004, respondent notified Beckius that his position as custodian would remain at the high school and that he needed to report to work on March 1, 2004, the end of his sick-leave period.
Beckius did not report to work as directed, and respondent terminated his job, effective March 10, 2004. He applied for unemployment benefits, to which respondent objected. After a hearing, an unemployment law judge (ULJ) ruled that Beckius was discharged for a reason other than misconduct and found that he remained eligible for benefits. On appeal, the senior unemployment review judge reversed, stating that Beckius was "put on clear notice that his continued absence from work without authorization or proper medical ex
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