Kellum v. Texas Workforce Commission

OPINION

Opinion by

Justice MORRIS.

In this appeal from a summary judgment, Syl G. Kellum contends the trial court erred in affirming the Texas Workforce Commission’s decision to deny him unemployment benefits. Kellum argues the TWC’s finding that he committed misconduct is not supported by substantial evidence. Kellum further argues that the finding of misconduct cannot be supported by a theory that was never considered by the TWC. After reviewing the record, we conclude the trial court erred in affirming the TWC’s decision and we render judgment in favor of Kellum.

I

On November 12, 2001, Syl G.…