McDaniel v. Director, Department of Workforce Services

Robert J. Gladwin,

Judge. In this unbriefed employment-security case, Otis L. McDaniel appeals the Board of Review’s denial of his claim for unemployment benefits. The Board determined that appellant was not eligible for benefits because he was unable to perform suitable work. We hold that the Board’s decision is not supported by substantial evidence and reverse and remand for an award of benefits.

Appellant worked as a truck driver for approximately forty-one years. This job required him to lift up to forty-five pounds and to push and pull heavy objects. In July 2007, appellant sustained a…