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UTLEY v. BOARD OF REVIEW, DEPARTMENT OF LABOR

A-126 September Term 2006

946 A.2d 1039 (2008)

194 N.J. 534

John M. UTLEY, Claimant-Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR, Respondent-Respondent, and Myron Manufacturing Corporation, Respondent.

Supreme Court of New Jersey.

Decided May 15, 2008.

Attorney(s) appearing for the Case

Stanley G. Sheats, Paterson, argued the cause for appellant (Anna P. Navatta, Assistant Executive Director, Northeast New Jersey Legal Services, attorney).

Todd A. Wigder, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General of New Jersey, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Wigder and Andrea R. Grundfest, Deputy Attorney General, on the letter briefs).

Melville D. Miller, Jr., President, argued the cause for amicus curiae Legal Services of New Jersey (Mr. Miller, attorney; Mr. Miller, Lazlo J.G. Beh, Kristin A. Mateo and Keith G. Talbot, on the brief).

Justice ALBIN delivered the opinion of the Court.

For thirteen years, John Utley worked for the same company, relying on public transportation to get to work because he is visually impaired. After his shift hours were changed to a time when buses were not running, Utley carpooled with a coworker. However, the company mandated that Utley work overtime, which resulted in his schedule not coinciding with the coworker. When the coworker had to leave the country for two...

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