Kentucky Unemployment Insurance Commission v. Boone County Board of Education

OPINION

ACREE, Judge:

The Kentucky Unemployment Insurance Commission (the Commission) has appealed an order of the Boone Circuit Court which held that substitute teaching does not qualify as covered employment pursuant to Kentucky Revised Statute (KRS) 341.055(4)(e) and KRS 341.050(l)(a), rendering substitute teachers categorically ineligible for unemployment benefits. Following careful review, we reverse in part, vacate in part, and remand to the Commission for an evidentiary hearing.

I. Facts and procedure

While substitute teaching in a Boone County, Kentucky elementary school, Rex Freihofer…