Bedford Care Ctr. V. Kirk
| Docket Number: | 2005-CC-00654-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-08-2006 Opinion Author: BARNES, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Unemployment benefits - Substantial evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, ISHEE AND ROBERTS, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 03-14-2005 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: TRIAL COURT REVERSED COMMISSION FINDING AND AWARDED UNEMPLOYMENT COMPENSATION Case Number: C104-0036 |
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| Party Name: | Attorney Name: | |||
| Appellant: | BEDFORD CARE CENTER |
ROBIN L. ROBERTS |
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| Appellee: | VICKY L. KIRK | VICKY L. KIRK (PRO SE) |
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| Topic: | Unemployment benefits - Substantial evidence |
| Summary of the Facts: | Vicky Kirk was a nurse working at Bedford Care Center of Petal. Kirk and another nurse were asked to work on the day shift temporarily while another employee was off work with a heart attack. Kirk refused to work the day shift and had her doctor fax an excuse for modified duty. When informed by her supervisor that modified job duties were not available, Kirk stated that she would return with a doctor’s full release. Although she was given an excused absence to go to her doctor, Kirk never returned with a medical release as she stated she would. After leaving, Kirk never spoke to her supervisors at Bedford, even though numerous calls were made to her to determine her status and asking her to return. Kirk filed for unemployment benefits. The appeals referee disqualified Kirk from receiving unemployment benefits. The Board of Review adopted the findings of fact of the appeals referee. The circuit court reversed the Mississippi Employment Security Commission, finding that the employee had not engaged in misconduct. Bedford Care Center appeals. |
| Summary of Opinion Analysis: | The record and the testimony fully supports the factual determination of the Commission. Even the testimony of Kirk supports the conclusion that she did not return to work and did not provide her employer with the doctor’s excuse that she promised. In all the testimony and evidence before the Commission, there was never any discussion about this being a case of discharge, misconduct or insubordination. Thus, there is no factual basis for the decision of the circuit court. There is no indication that Kirk was asked to leave or that she would not have been welcomed back if she chose to come back. Although the circuit court should not have considered documents which were not before the Commission in making its decision, these documents do not support the decision of the circuit court. |
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