Case law

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  • Rhonda Burgos v. Director, Division of Workforce Services, and Mac Mechanical Company

    2021 Ark. App. 270 · Court of Appeals of Arkansas · May 26, 2021

    OF REVIEW V. … Higgins v. Dir., 2016 Ark. App. 449, 503 S.W.3d 833. The credibility of witnesses and the weight to be accorded their testimony are matters to be resolved by the Board. Id.

    Cited 2 timesPublished
  • Fry v. Director of Labor

    16 Ark. App. 204 · Court of Appeals of Arkansas · Nov 20, 1985

    In Mark Smith v. Everett, supra, we stated: As a part of this decision, we further hold that the Board does not have the jurisdiction to accept additional evidence in appeals pending before it. However, in Jones v. … The board affirmed the decision of the referee and did not consider the additional evidence, citing Mark Smith v. Everett, supra.

    Cited 5 timesPublished
  • Stewart v. Dir.

    2013 Ark. App. 600 · Court of Appeals of Arkansas · Oct 23, 2013

    E-13-270 DERRICK STEWART Opinion Delivered October 23, 2013 APPELLANT APPEAL FROM THE ARKANSAS V. … We review the findings of the Board in the light most favorable to the prevailing party, reversing only where the Board’s findings are not supported by substantial evidence. Ballard v. Dir., Ark.

    Cited 1 timesPublished
  • Flywheel Energy Production, LLC v. Van Buren County, Arkansas; And Van Buren County Judge, Dale James, in His Official Capacity as Van Buren County Judge

    2026 Ark. App. 3 · Court of Appeals of Arkansas · Jan 7, 2026

    (“SEECO”), acquired a road easement and right of way (the “Easement”) from the Hugh and Helen Brown Revocable Trust (the “Brown Trust”). … Hill v. McClintock, 175 Ark. 1059, 1062, 1 S.W.2d 564, 565 (1928) (citing Johnson v. West, 89 Ark. 604, 117 S.W. 770 (1909); McMahan v. Ruble, 135 Ark. 83, 204 S.W. 746 (1918)).

    Cited 0 timesPublished
  • Cheryl Pillow v. Director, Department of Workforce Services

    684 S.W.3d 302 · Court of Appeals of Arkansas · Feb 7, 2024

    [NO. 2022-BR-01683] V. … Rossini v. Dir., 81 Ark.

    Cited 4 timesPublished
  • Fryer v. Boyett

    64 Ark. App. 7 · Court of Appeals of Arkansas · Nov 4, 1998

    Citing Brown v. Cooper Clinic, P.A., 734 F.2d 1298 (8th Cir. 1984), appellants contend that, because the contracts are silent on this question, no such right existed. Brown v. … In Brown v. Cooper Clinic, the appellant’s salary was not directly tied to his personal billings or collections; thus, his agreement with the clinic was materially different from the contracts involved herein.

    Cited 24 timesPublished
  • Norwood v. State

    2014 Ark. App. 97 · Court of Appeals of Arkansas · Feb 12, 2014

    Spight v. State, 101 Ark. App. 400, 401, 278 S.W.3d 599, 600 (2008). The assessment of credibility is left to the jury. Hutcheson v. State, 92 Ark. App. 307, 313, 213 S.W.3d 25, 29 (2005). … Deputy Poe testified that he believed the brown substance in the BC powder pack, which had been in Norwood’s pocket, to be methamphetamine; that Poe did not believe Norwood’s explanation that the brown substance was a crushed

    Cited 0 timesPublished
  • Green House, Inc. v. Arkansas Alcoholic Beverage Control Division

    29 Ark. App. 229 · Court of Appeals of Arkansas · Nov 29, 1989

    See Snyder v. Alcoholic Beverage Control Board, 1 Ark. App. 92 , 613 S.W.2d 126 (1981). … Arkansas Savings and Loan Ass’n Board v. Central Arkansas Savings & Loan Ass’n, 256 Ark. 846 , 510 S.W.2d 872 (1974).

    Cited 7 timesPublished
  • Tessa Rosamond v. Director, Division of Workforce Services

    2022 Ark. App. 7 · Court of Appeals of Arkansas · Jan 12, 2022

    OF REVIEW V. … The Board concluded that Rosamond should be denied benefits. Rosamond now appeals from the Board’s March 2021 decision denying her claim for benefits.

    Cited 0 timesPublished
  • Bradford v. Director, Employment Security Department

    83 Ark. App. 332 · Court of Appeals of Arkansas · Nov 5, 2003

    We affirm the decision of the Board of Review. The findings of the Board of Review are conclusive if they are supported by substantial evidence. Walls v. Director, 74 Ark. App. 424 , 49 S.W.3d 670 (2001). … We affirm the decision of the Board of Review. In Osterhout v. Everett, 6 Ark.

    Cited 18 timesPublished
  • Nash v. State

    267 Ark. 870 · Court of Appeals of Arkansas · Dec 12, 1979

    Gardner v. State, 263 Ark. 739 , 569 S.W. 2d 74 (1978); Wickliffe v. State, 258 Ark. 544 , 527 S.W. 2d 640 (1975). … See Nolan v. State, 265 Ark. 764 , 580 S.W. 2d 957 (1979). Finding no reversible error, we affirm.

    Cited 4 timesPublished
  • Thomas v. Director, Employment Security Department

    55 Ark. App. 101 · Court of Appeals of Arkansas · Oct 23, 1996

    Whether an employee’s actions constitute misconduct in connection with the work sufficient to deny unemployment benefits is a question of fact for the Board. Sadler v. Stiles, 22 Ark. … App. 117 , 735 S.W.2d 708 (1987); Dillaha Fruit Co. v. Everett, 9 Ark. App. 51 , 652 S.W.2d 643 (1983). On appeal, the Board’s findings are conclusive if they are supported by substantial evidence. A. Tenenbaum Co. v.

    Cited 11 timesPublished
  • Sadler v. Stiles

    22 Ark. App. 117 · Court of Appeals of Arkansas · Sep 16, 1987

    Whether the findings of the Board of Review are supported by substantial evidence is a question of law; this Court will reverse when the Board’s findings are not supported by substantial evidence. Maybelline Co. v. … Exson v. Everett, 9 Ark. App. 177 , 656 S.W.2d 711 (1983). In Willis Johnson Co. v. Daniels, 269 Ark. 795 , 601 S.W.2d 890 (Ark.

    Cited 12 timesPublished
  • Amanda Sharum v. Director, Arkansas Departmentof Commerce, Division of Workforce Services

    642 S.W.3d 615 · Court of Appeals of Arkansas · Mar 2, 2022

    We affirm Board of Review decisions when they are supported by substantial evidence. Robinson v. Dir., 2021 Ark. App. 485, ___ S.W.3d ___. … Garrett v. Dir. 2014 Ark. 50. We view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board’s findings. Id.

    Cited 2 timesPublished
  • Dundee v. Horton

    477 S.W.3d 558 · Court of Appeals of Arkansas · Dec 2, 2015

    In Kumho Tire Co., Ltd. v. … Bradford v. State, 325 Ark. 278, 290, 927 S.W.2d 329, 335 (1996). See also Fauna v.

    Cited 5 timesPublished
  • Stephanie Morgan v. Director, Division of Workforce Services

    684 S.W.3d 309 · Court of Appeals of Arkansas · Feb 7, 2024

    We affirm the decision of the Board of Review if it is supported by substantial evidence. Billings v. Dir., 84 Ark. App. 79, 133 S.W.3d 399 (2003). … Buchanan v. Dir. 91 Ark. App. 35, 37, 207 S.W.3d 567, 569 (2005). In Hefton v. Daniels, 270 Ark. 857, 606 S.W.2d 379 (Ark.

    Cited 1 timesPublished
  • Phillip Horne, Jr. v. State of Arkansas

    2020 Ark. App. 535 · Court of Appeals of Arkansas · Nov 18, 2020

    v. … R. 4-3(k)(1). 8 Id. 9 Brown v. State, 2018 Ark.

    Cited 0 timesPublished
  • Perdrix-Wang v. Director, Employment Security Department

    42 Ark. App. 218 · Court of Appeals of Arkansas · Jun 30, 1993

    What constitutes good cause is ordinarily a question of fact for the Board to determine from the particular circumstances of each case. Roberson v. Director, 28 Ark. App. 337 , 775 S.W.2d 82 (1989); Rose v. … Victor Industries Corp. v. Daniels, 1 Ark. App. 6 , 611 S.W.2d 794 (1981). We review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board’s findings. Feagin v.

    Cited 38 timesPublished
  • Peco Foods, Inc. Occusure Claims Services, LLC And Death & Permanent Total Disability Trust Fund v. Jeffrey Johnson

    666 S.W.3d 121 · Court of Appeals of Arkansas · Apr 12, 2023

    This principle was illustrated by our court in McCarty v. Board of Trustees of the Little Rock Police Pension Fund, 45 Ark. App. 102, 872 S.W.2d 74 (1994), in which we held that Ark. R. App. P. … GLADWIN, KLAPPENBACH, THYER, and BROWN, JJ., join. 13

    Cited 1 timesPublished
  • Gunter v. Director, Employment Security Department

    82 Ark. App. 346 · Court of Appeals of Arkansas · May 28, 2003

    This court reviews the evidence and all reasonable inferences deducible therefrom in a light most favorable to the Board’s findings. Barber v. Director, 67 Ark. App. 20 , 992 S.W.2d 159 (1999). … Ahrend v. Director, 55 Ark. App. 71 , 930 S.W.2d 392 (1996); Teel v. Daniels, 270 Ark. 766, 769 , 606 S.W.2d 151, 152 (Ark. App. 1980).

    Cited 10 timesPublished

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