Walker v. Dir.

Cite as 2014 Ark. App. 678
ARKANSAS COURT OF APPEALS
DIVISION IV
No. E-14-447
DERRICK M. WALKER Opinion Delivered December 3, 2014
APPELLANT
APPEAL FROM THE ARKANSAS
V. BOARD OF REVIEW
[NO. 2014-BR-01239]
DIRECTOR, DEPARTMENT OF
WORKFORCE SERVICES
APPELLEE REVERSED AND REMANDED
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
Cite as 2014 Ark. App. 678
benefits.
Reversed and remanded.
GLADWIN, C.J., and VAUGHT, J., agree.
Derrick M. Walker, pro se appellant.
Phyllis Edwards, for appellee.
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