Legal Opinion · Dissent

State Department of Industrial Relations v. Campbell

Court of Civil Appeals of Alabama

Decided December 5, 2008No. 2070477Published

1DissentBryan, Judge

I must respectfully dissent because I disagree with the main opinion’s interpretation of § 25-4-78(2)a.l.(i) and (ii), Ala. Code 1975. As I interpret the statute, § 25 — 4—78(2)a.l. (i) provides that an individual is qualified to receive unemployment-compensation benefits if his or her employer had an established leave-of-absence policy covering sickness or disability and the individual complied with the employer’s established leave-of-absence policy as soon as it was reasonably practicable so to do.

In this case, the trial court received disputed ore tenus evidence regarding McKibbon’s…

2Cases cited2 opinions

  1. Department of Indus. Relations v. PickettCourt of Civil Appeals of Alabama · 1983
  2. Tolin v. DIRECTOR, DEPT. OF INDUS. REL.Court of Civil Appeals of Alabama · 2000

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