State, Department of Industrial Relations v. Singleton

WRIGHT, Presiding Judge.

This is an unemployment compensation case.

Claimant appealed an adverse determination by the Appeals Referee to Marshall County Circuit Court. That court reversed the decision of the referee. The State appeals.

The only issue for our determination is whether the court erred in finding that claimant was available for work as required by Section 25-4-77(3), Code of Alabama (1975).

The burden of proof is upon the claimant to establish rights to benefits and the claimant assumes the risk of nonpersuasion. Department of Indus. Relations v. Tomlinson, 251 Ala. 144, 36 So.2d 496…