Legal Opinion · Dissent

Wenzl v. Director, Employment Security Department

Court of Appeals of Arkansas

Decided December 22, 1997No. E 96-211Published

1DissentAndree Layton Roaf, Judge

I would reverse this case and remand for an award of benefits because I do not believe that the decision of the Board of Review is supported by substantial evidence and because our case law mandates an award of benefits where an employee leaves his job because of a reduction in pay. When Craig Wenzl returned to work on October 30, 1995, after an on-the-job injury, he received only 57% of his former pay, and a “trainee” whom he understood had been assigned to assist him was receiving his commissions. Wenzl worked two months without any clue from his employer that he would be returned to his…

2Cases cited5 opinions

  1. Teel v. DanielsCourt of Appeals of Arkansas · 1980
  2. Ladish Co. v. BreashearsSupreme Court of Arkansas · 1978
  3. Carpenter v. Director of Arkansas Employment Security DepartmentCourt of Appeals of Arkansas · 1996
  4. Jackson v. DanielsCourt of Appeals of Arkansas · 1980
  5. Morton v. Director of LaborCourt of Appeals of Arkansas · 1987

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