Opinion

Young v. Everett

  • 6 Ark. App. 295
  • 641 S.W.2d 39
  • 1982 Ark. App. LEXIS 889
Court
Court of Appeals of Arkansas
Filed
Nov 3, 1982
Status
Published
Author
Mayfield
On the bench
Cloninger, Mayfield
Cited by
2 cases
Authority
More cited than 12.2%

The opinion

Melvin Mayfield, Chief Judge, concurring. I agree with the majority that there is no substantial evidence in this case to support the decision of the Board of Review. My reason for agreeing is based upon the fact that there is no showing of when or how the employer’s statement got into the record and upon the fact that neither the appeals referee nor the board even mentioned the statement in their decisions.

I recognize, however, that the Supreme Court of Arkansas has held that hearsay evidence alone may constitute substantial evidence. Smith v. Everett, 276 Ark. 430 , 637 S.W.2d 537 (1982). Therefore, my agreement to reverse is limited to the facts in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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