Wescott v. State, Department of Labor

OPINION

BRYNER, Justice.

I. INTRODUCTION

Anthony Wescott quit his roustabout job at Alaska Petroleum Contractors, Inc., (APC) because he believed that APC was unwilling to accommodate his disability, bilateral club feet. He applied for unemployment pay, but the Department of Labor denied him waiting-week benefits, finding that he had quit suitable work without good cause. Under AS 23.20.385(b), when the department decides questions of work suitability it must consider not just the claimant’s physical ability to perform the work but also the degree of risk that the work would pose to the…