Alexander v. Unemployment Insurance Appeals Board

Opinion

ASHBY, J.

Appellant California Unemployment Insurance Appeals

Board appeals from a judgment granting a writ of mandate compelling the board to pay unemployment insurance benefits to respondent Marilyn Alexander. The board challenges the trial court’s finding that respondent was available for work within the meaning of Unemployment Insurance Code section 1253, subdivision (c). We conclude substantial evidence supports the trial court’s finding.

(Glick

v.

Unemployment Ins. Appeals Bd.

(1979) 23 Cal.3d 493, 503 [153 Cal.Rptr. 1, 591 P.2d 24].)

Respondent was employed as an X-ray technologist at St. Joseph’s Medical Center. She terminated employment because she was and is allergic to cigarette smoke. Her employer, although having instituted a no-smoking policy in respondent’s work area, did not enforce that

[100]

policy.

1

According to respondent’s physician, respondent can engage in full-time work in her occupation if the conditions are smoke free.

Respondent had sought work in office facilities, hospitals and clinics and had found similar conditions of cigarette smoking as existed at St. Joseph’s Medical Center. Respondent testified, “I have heard of a few general practitioners’ offices that do not allow any smoking at all in their offices and I’m continuously telephoning areas, offices and clinics in the area to find out if there’s any work available or anything that will be opening soon.”

Discussion

Under the leading case of

Sanchez

v.

Unemployment Ins. Appeals Bd.

(1977) 20 Cal.3d 55 [141 Cal.Rptr. 146, 569 P.2d 740], the record amply supports the trial court’s finding that respondent was available for work. In