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eBook details

• Title: Mohler v. Department of Labor
• Author : Supreme Court of Illinois
• Release Date : January 22, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

In two separate hearings held in the summer of 1949, the board of review of the Department of Labor of this State entered decisions finding that Hattie E. Mohler and Mary Pratt, the respective claimants, were ineligible for benefits provided by the Unemployment Compensation Act. (Ill. Rev. Stat. 1949, chap. 48, pars. 217-250.) Each claimant then filed a complaint in the circuit court of Iroquois County seeking review under the provisions of the Administrative Review Act. (Ill. Rev. Stat. 1949, chap. 110, pars. 264-279.) The circuit court, after first remanding the cause to the board to hear subsequently discovered evidence, entered orders reversing the board in each case, and holding that the claimants were entitled to benefits. The Department of Labor, its Director and the board, have perfected separate appeals to this court from each order. We have consolidated them for purposes of review because they present identical issues of law under substantially similar facts. With respect to appellee Hattie E. Mohler, the record discloses her to be a woman sixty-five years of age, who, for twenty-eight years, had been employed by the Milford Canning Company, Milford, Illinois, during the asparagus pack which lasts from six to eight weeks in the spring of each year, and during the corn pack which lasts from four to six weeks in late summer of each year. She had never worked for any other industry, and, during the periods the canning factory was not operating, worked at such jobs as baby sitting, washing, practical nursing and housework in the vicinity of her home at Stockland, which is some seven miles from Milford. During the canning seasons, appellee found transportation to Milford in private cars, or else took a bus which was in service while the cannery operated. In 1948, after each seasonal period of employment, appellee filed claim for unemployment compensation benefits, which were paid to her up until she filed a claim for the week of September 25, 1948. The refusal of the Department of Labor to pay the latter claim has generated this litigation. She testified that subsequent to the termination of her employment in September, 1948, she sought work at restaurants both in Milford and Stockland, but that she made no other effort to secure employment in that year. In December, 1948, she applied for work at two stores in Watseka, Illinois, but made no application to industries of that city which employed women.

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