George's Inc. v. Director, Employment Security Department

Melvin Mayfield, Judge,

dissenting. 1 cannot agree with the majority opinion in this case for two basic reasons.

In the first place, the question involved is whether the appellant’s employee, Jimmy Don Wilson, was “discharged from his last work for misconduct in connection with the work.” This is the pivotal question that must be answered in order to determine whether Mr. Wilson is disqualified for unemployment benefits under Ark. Code Ann. § 11-10-514 (Supp. 1993).

The majority opinion admits that the factual findings of the Board of Review are conclusive if supported by substantial evidence.…