Henry v. Miss. Employment Sec. Comm'n
| Docket Number: | 2003-CC-02454-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-23-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Willing and able to return to work Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, 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: 10-07-2003 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: CLAIMANT DENIED UNEMPLOYMENT BENEFITS Case Number: 2003-0171 |
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| Party Name: | Attorney Name: | |||
| Appellant: | George Henry, Jr. |
PRO SE |
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| Appellee: | Mississippi Employment Security Commission | ALBERT B. WHITE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Unemployment benefits - Willing and able to return to work |
| Summary of the Facts: | George Henry, who was employed by the City of Greenville as a fire fighter, filed for unemployment benefits. The claims examiner disallowed the claim, finding that Henry was on an approved medical leave of absence and was not separated from his employment. Henry appealed, and the decision of the claims examiner was affirmed. Henry appealed and the Board of Review affirmed. Henry appeals. |
| Summary of Opinion Analysis: | Henry argues that he was placed on involuntary medical leave, and was thus entitled to unemployment compensation. However, the head of Human Resources testified that Henry presented her with a medical excuse and requested to be placed on medical leave. There is no indiction that Henry contradicted this statement. She also stated that he only needed to present medical certification that he was able to return to work. The claimant bears the burden to proving good cause for leaving work, and that he is willing and able to return to work. Henry failed to meet that burden of proof. In fact, he has produced just the opposite evidence-a medical excuse showing his inability to work. |
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