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Appeal of Peterson

New Hampshire Supreme Court
126 N.H. 605, 495 A.2d 1266 (1985)

Written by Jenny Perry, JD

Facts

Kenneth Peterson (plaintiff) was injured in the course of his employment at a state-run hospital in New Hampshire. Peterson received workers’-compensation benefits but after recovering from surgery was still unable to return to his job, and the hospital had no positions available that Peterson could perform. Peterson agreed to resign and accepted a lump-sum payment in lieu of continued weekly workers’-compensation payments. Peterson then applied for unemployment benefits. The New Hampshire Department of Employment Security (defendant) denied the application on the grounds that Peterson voluntarily left his employment. The appellate tribunal affirmed, and Peterson appealed.

Rule of Law

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Issue

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Holding and Reasoning (Souter, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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