Legal Opinion · Dissent

Jackson County Board of Supervisors v. Mississippi Employment Security Commission

Court of Appeals of Mississippi

Decided October 30, 2012No. 2011-CC-00648-COAPublished

1DissentRussell, J.

¶ 25. The MDES claims examiner, the administrative law judge (ALJ), ■ the MDES Board of Review, and the circuit court all determined that Seaman was entitled to unemployment benefits because her employer failed to prove that she did not work the hours submitted or that she falsified her work hours. The majority reverses the circuit court’s decision, finding that the decision was not supported by substantial evidence and that it was arbitrary and capricious. I disagree. I believe the decision is supported by substantial evidence and is not arbitrary and capricious; therefore, I would affirm.

¶…

2Cases cited5 opinions

  1. Mississippi Emp. SEC. Com'n v. PDN, INC.Mississippi Supreme Court · 1991
  2. MDES v. Good Samaritan Personnel Services, Inc.Court of Appeals of Mississippi · 2008
  3. Mississippi Department Employment Security v. ClarkCourt of Appeals of Mississippi · 2009
  4. CLC of Biloxi, LLC v. Mississippi Department of HealthMississippi Supreme Court · 2012
  5. Nevels v. Mississippi Department of Employment SecurityCourt of Appeals of Mississippi · 2010

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