Davenport v. Gatson

MILLER, Justice: 1

In this unemployment security appeal, we are asked to consider whether a substitute teacher is entitled to obtain benefits during the summer school vacation period. At the administrative level and on appeal to the Circuit Court of Kanawha County, the appellant’s claim was held to be barred by virtue of W.Va.Code, 21A-6-15(2)(a) (1987). This subsection regulates the payment of benefits to teachers by limiting their eligibility between academic years. 2

The appellant, Mr. Davenport, worked as a substitute teacher for the Fayette County Board of Education during the 1991-92…