Legal Opinion · Dissent

Kentucky Unemployment Insurance Commission v. Hamilton

Kentucky Supreme Court

Decided December 22, 2011No. 2010-SC-000252-DGPublished

1DissentCunningham, J.

I respectfully dissent. The sole issue in this case is the proper definition of “extended base period,” as defined in KRS 341.090(2). The majority relies almost exclusively on use of the word “the” to conclude that the four quarters used to calculate an extended base period are the four quarters immediately preceding the base period. I cannot agree that the interpretation of the statute should rest on that single phrase, particularly when the statute itself, when read in its entirety, evinces a clear and unambiguous intent.

The wording of KRS 341.090 itself reveals the legislature’s intent to…

2Cases cited3 opinions

  1. Kentucky Unemployment Insurance Commission v. Kroehler Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1961
  2. Vance v. Kentucky Unemployment Insurance CommissionCourt of Appeals of Kentucky · 1991
  3. Kentucky Unemployment Insurance Commission v. Duro Bag Manufacturing Co.Court of Appeals of Kentucky · 2008

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