FROM THE ARKANSAS BOARD OF REVIEW. NO. 2015-BR-02306.
Marie Adams, Pro se, petitioner.
A Edwards, for Defendant/Respondent Attorney.
M. BROWN, Judge. VIRDEN and HIXSON, JJ., agree.
WAYMOND M. BROWN, Judge
Adams (hereinafter, " appellant" ) appeals the
decision of the Arkansas Board of Review (Board) in which she
was disqualified from receiving unemployment benefits
pursuant to Arkansas Code Annotated section 11-10-513(b),
finding that she voluntarily left last work without good
cause connected with the work due to illness but without
making reasonable efforts to preserve her job rights. We hold
that substantial evidence does not support the Board's
decision and reverse for an award of benefits.
appeal from the Board of Review, we do not conduct a de novo
review; instead, we review the evidence and all reasonable
inferences deducible therefrom in the light most favorable to
the Board's findings of fact. We will affirm the
Board's findings if they are supported by substantial
evidence, which is such relevant evidence as a reasonable
mind might accept as adequate to support a
conclusion. Even when there is evidence upon which
the Board might have reached a different decision, the scope
of judicial review is limited to a determination of whether
it could have reasonably reached its decision based upon the
evidence before it. We are not here to merely ratify the
decision of the Board, but to ensure that the standard of
review has been met.
instant case, appellant was employed as a Utilization Review
Nurse for the employer for approximately two years. In a
letter attached to her appeal to our court, she stated that
the employment was detrimental to her health " because
of an over abundant amount of mismanagement, hostility,
devaluing, social exclusion, innuendos, sarcasm, intimidation
and the administration of unsustainable workloads." She
applied for unemployment benefits on September 8, 2015, after
leaving her job with the employer. The Department of
Workforce Services disqualified her from receiving
unemployment benefits upon a finding that she voluntarily
left last work without good cause connected with the work due
to illness but without making reasonable efforts to preserve
her job rights.
statute providing for disqualification of benefits for
voluntarily leaving work and the law cited by the Board in
reaching its decision provides, in pertinent part, as
(a)(1) If so found by the Director of the Department of
Workforce Services, an individual shall be disqualified for
benefits if he or she, voluntarily and without good cause
connected with the work, left his or her last work.
(b) No individual shall be disqualified under this section if
after making reasonable efforts to preserve his or her job
rights, he or she left his or her last work:
(1) Due to personal emergency of such nature and compelling
urgency that it would be contrary to good conscience to