Miller v. Virginia Employment Commission

By Judge Alfred D. Swersky

This matter is before the Court on Petitioner’s appeal from a ruling by the Commission denying him benefits.

Petitioner was awarded benefits, the Deputy finding no evidence of misconduct, and Miller’s employer appealed. The appeals examiner agreed with the Deputy and affirmed the award to Petitioner. Employer appealed to the Commission which reversed based on Petitioner’s lack of credibility.

Petitioner argues that the Commission erred in reversing the appeals examiner based on a finding of Petitioner’s lack of credibility and, since these issues present mixed…