12-172 C.M.R. ch. 9, § 1 - ABILITY TO WORK

A. Able to Work

When a claimant has physical or mental limitations which restrict the types of work that the claimantis able to perform, the extent of the restrictions must be examined carefully. In such situations, the deputy will consider, but will not be limited to, the following factors on a case-by-case basis:

1. The claimant's usual or customary occupation;

2. The nature of the restrictions;

3. Whether or not the claimant is qualified, by education, or by training and experience, to perform work within the restrictions which is less physically strenuous or mentally demanding;

4. The extent to which work is available, in the local area, which is within the claimant's ability, and

5. The claimant's willingness to enter a new field that does not need extensive prior training and experience.

B. Worker's Compensation/Social Security Disability Payments

The Worker's Compensation Act and Social Security Act each make provisions for payments to persons who have certain disabilities. These provisions are independent of, and are not binding upon, the provisions of the Employment Security Law. However, if a person applies for disability benefits from either or both of these other agencies, the deputy would have to investigate the circumstances of such application in order to determine what effect these circumstances would have on the claimant's eligibility for unemployment benefits.

Notes

12-172 C.M.R. ch. 9, § 1