Opinion

Walker v. Dir.

  • 2014 Ark. App. 678
Court
Court of Appeals of Arkansas
Filed
Dec 3, 2014
Status
Published
On the bench
Bill H. Walmsley
Cited by
0 cases
Authority
More cited than 33.6%

The opinion

Cite as 2014 Ark. App. 678

ARKANSAS COURT OF APPEALS

DIVISION IV

No. E-14-447

DERRICK M. WALKER Opinion Delivered December 3, 2014

APPELLANT

APPEAL FROM THE ARKANSAS

V. BOARD OF REVIEW

[NO. 2014-BR-01239]

DIRECTOR, DEPARTMENT OF

WORKFORCE SERVICES

APPELLEE REVERSED AND REMANDED

BILL H. WALMSLEY, Judge

Derrick Walker appeals the denial of unemployment compensation benefits. The

Appeal Tribunal denied Walker benefits upon finding that he was not able to perform

suitable work, and the Board of Review denied the appeal from that decision. We review

the decision of the Appeal Tribunal as the Board’s decision pursuant to Arkansas Code

Annotated section 11-10-525. We reverse and remand because the Board’s decision is not

supported by substantial evidence.

The facts in this case are very similar to those found in McDaniel v. Director, Department

of Workforce Services, 103 Ark. App. 231, 288 S.W.3d 281 (2008), where we reversed the

Board’s decision that the claimant was unable to perform suitable work. Because the only

issue presented here involves the sufficiency of the evidence to support the Board’s decision,

and because this case is clearly controlled by our decision in McDaniel, we issue this

memorandum opinion in accordance with subsections (a) and (d) of In re Memorandum

Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985). We reverse and remand for an award of

Cite as 2014 Ark. App. 678

benefits.

Reversed and remanded.

GLADWIN, C.J., and VAUGHT, J., agree.

Derrick M. Walker, pro se appellant.

Phyllis Edwards, for appellee.

-2-

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