(dissenting).
I dissent from the holding of the majority on the basis that the “well-established rule that where there is evidence tending to support the findings of the commissioner they will not be disturbed on review,” Olson v. Starkey, 259 Minn. 364, 373, 107 N.W.2d 386, 392 (1961), is being disregarded. Instead, the majority seems to base its ruling on the possibility of an unreasonable burden on the employer if the Commissioner of the Department of Employment Services is affirmed; the burden being therefore placed upon the employee.
Minn.St. 268.09, subd. 1, enumerates the situations in which a claimant may be disqualified from receiving benefits and provides in pertinent part:
“(1) * * * If such individual voluntarily and without good cause attributable to the employer discontinued his employment with such employer * * *.
* * * * * *
“(4) If the commissioner finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office, or to accept suitable work when offered him, * *
It appears that the relator has clearly failed to sustain his burden of establishing the claimant’s disqualifications within the statute applicable. Ykovchick v. Public Schools of Minneapolis, Minn., 251 N.W.2d 626 (1977). While the claimant’s conduct in failing to notify his employer of a current address is less than exemplary, the relator has failed to establish that that conduct is tantamount to a disqualifying act. There is no evidence that the claimant refused to accept the offer of reemployment, that he had knowledge of the offer, or that he purposely secreted himself to prevent the relator from contacting him with the offer. It is difficult to conceive the reasoning of the majority in expanding the applicable statute and placing a further burden on the unfortunate working person who may be already emotionally and financially crushed by the layoff, when “[t]his court has repeatedly said that the act is intended to benefit persons who are unemployed through no fault of their own and who are genuinely attached to the labor market.” Olson v. Starkey, supra.
All parties agree that the disqualifying event contained in § 268.09, subd. 1(6),1 did not occur in the instant proceeding, in that the claimant never received an offer of suitable reemployment and, therefore, there was no statutory refusal. The commissioner, in granting the claim petition, so found. It would appear that relying upon the accepted standard of review, i. e., whether the record reasonably sustains the decision, the commissioner should be affirmed. An opposite result would have the effect of requiring the claimant to either remain in the Winona area for an unreasonable period of time or of attributing “fault” to him for moving to a potentially better labor market.
Even though it may appear that the claimant was entirely remiss in failing to notify relator of his current address, this failure should not be exaggerated so as to constitute a disqualifying act. Focusing upon an application of our stated standard of review, the commissioner properly determined that the claimant had not disqualified himself from eligibility for unemployment compensation benefits. The majority *23is setting a new course based on less than compelling need.
. Minn.St. 268.09, subd. 1(6), provides: “Refusal of suitable reemployment. If such individual has failed without good cause to accept suitable reemployment offered by a base period employer. Such disqualification shall prevail for the week in which the failure occurred and for a period of seven weeks of unemployment following such failure, provided such disqualification shall not apply if such individual is in training with the approval of the commissioner.”