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Walker v. Director, Department of Workforce Services

Court of Appeals of Arkansas, Division IV

December 3, 2014

DERRICK M. WALKER APPELLANT
v.
DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES APPELLEE

APPEAL FROM THE ARKANSAS BOARD OF REVIEW No. 2014-BR-01239

Derrick M. Walker, pro se appellant.

Phyllis Edwards, for appellee.

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 benefits.

Gladwin, C.J., and Vaught, J., agree.

Reversed and remanded.


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