Abbott v. Dir.

Cite as 2015 Ark. App. 221ARKANSAS COURT OF APPEALS
DIVISION I
No. E-14-718
Opinion Delivered April 8, 2015
RENEE ABBOTT
APPELLANT APPEAL FROM THE ARKANSAS
BOARD OF REVIEW
V. [NO. 2014-BR-01920]
DIRECTOR, DEPARTMENT OF
WORKFORCE SERVICES, and JB
HUNT TRANSPORT, INC.
APPELLEES
REMANDED
BART F. VIRDEN, Judge
Renee Abbott appeals the Arkansas Board of Review decision to deny her
unemployment benefits. The issue is whether Ms. Abbott engaged in misconduct when
she allegedly failed to text-message, or otherwise notify her employer, that she would not
be in to work; however, we are not able to address the issue on the merits at this time
because of a question of the record’s accuracy is presented for our review. The case is
remanded with the instruction that the record be clarified and, if necessary, corrected.
After a thorough review of the record, it appears that there is a discrepancy that
cannot be overlooked. Specifically, the copy of policies and procedures provided by JB
Hunt appear to be for a company named “Vons.” The record offers no explanation for
the inclusion of the policy manual for “Vons” and not JB Hunt.
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Cite as 2015 Ark. App. 221Deficiencies in the record on appeal must be addressed if they hinder our review of
the merits. In the event of a material omission or misstatement, we may sua sponte direct
the record to be settled. Ark. R. App. P.–Civ. 6(e); see also Heard v. Regions Bank, 369
Ark. 274, 276–77, 253 S.W.3d 422, 424 (2007) (per curiam). We therefore remand to the
Board of Review with instructions to ascertain if a mistake has been made and, if so, to
provide notice to the parties and correct the record accordingly.
Remanded.
HARRISON and HIXSON, JJ., agree.
Renee Abbott, pro se appellant.
Phyllis Edwards, Associate General Counsel, for appellee.
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