FROM THE ARKANSAS BOARD OF REVIEW [NO. 2016-BR-01705]
& Kearney, PLLC, by: Jesse L. Kearney, for appellant.
Phyllis Edwards, for appellee.
KENNETH S. HIXSON, JUDGE.
Sharon McCuller-Silverman, appeals from an order mailed by
the Arkansas Board of Review (Board) on December 7, 2016,
denying the claimant benefits in favor of appellees, Daryl
Bassett, director of the Department of Workforce Services
(Department), and Trinity Village, Inc. (Trinity Village). On
appeal, appellant's arguments can be summarized as (1)
the Board exceeded its authority and abused its discretion in
reviewing the decision of the Arkansas Appeal Tribunal
(Tribunal), (2) substantial evidence does not support the
Board's findings, and (3) the Tribunal's decision
that appellant should repay benefits that were paid to her
was premature and unfounded. We affirm.
was employed by Trinity Village as an administrator for
assisted living prior to her termination. After she applied
for unemployment-compensation benefits, Trinity Village filed
a statement that appellant had been discharged for
insubordination, specifically stating the following:
1. A#54[ Ms. Silverman not only failed to promptly
initiate the protocols and actions necessary to address the
deficiencies from the May 2-4, 2016 Assisted Living survey,
but on 6/27/2016 refused to complete and sign the plan of
correction. This is the Administrator's responsibility.
2. A#57 As Assisted Living Administrator, it is Ms.
Silverman's responsibility to review, monitor, and
utilize her departmental financial and budget reports as a
primary tool in the management of her area. On 6/22/2016 she
stated to me that they did not make sense to her and did not
tell her anything, so she puts them straight in the shredder.
I have personally instructed her in the interpretation and
use of these reports on numerous occasions.
3. B#37 Ms. Silverman informed at least one staff member of
the fiscal year end unaudited net income of Trinity Village.
It was made clear by me in the staff meeting with only
department managers, during which she was present that this
was not to be repeated outside the meeting. Ms. Silverman
also informed the same staff member as well as at least one
additional staff member that she had a meeting with another
manager where the manager shook her finger in her face. This
is a confidential personnel issue that should not have been
4. A#34 Ms. Silverman exhibited anger and even hostility to a
nurse aide in her department when discussing a possible
worker's compensation injury. She was confrontational and
exhibited a lack of good judgment in dealing with a sensitive
5. B#23 With no proof, Ms. Silverman has stated to me and at
least one other employee that another Trinity Department
Manager "slashed her tires." This is a malicious
statement with no substantiation.
6. B#34 Ms. Silverman frequently handles herself in an
argumentative, accusatory, unprofessional manner with fellow
managers as well as the assisted living staff, thus creating
an unacceptable and frequently hostile environment.
also filed a statement. In her statement, appellant denied
that she was fired for insubordination. Instead, she claimed
I know they said I was fired for refusal to do an action plan
but that is not true, the executive director told me that she
was going to write it. She did tell me in the future that she
wanted the administrators to write them from now on and I
told her I would be hap[p]y to. I had a supervisor threaten
me and yell and point her finger in my face. It cause[d] me
to have an anxiety attack. My blood pressure spiked and my
Dr[.] put me on a new anxiety medication and bp medication. I
went to EEOC due to the supervisor threatening me. I did it
for my own protection. My Doctor put me off work through
07/11/16. I went back to work on the 11th was there for 30
minutes and was called into the conference room, with Donna
Stone and their attorney. Donna told me I was being
terminated due to insubordination and I said for what. I
didn't do anything. Then the attorney told me they would
offer me 3 months of severance plus a neutral ...