Employment – Denial of benefits for misconduct, poor work performance: Holbrook v. Kentucky Unemployment Insurance Commission (COA 6/5/2009)

Holbrook v. Kentucky Unemployment Insurance Commission
2007-CA-001738 06/05/2009 2009 WL 1562855 Released for publication

Opinion by Judge Nickell; Chief Judge Combs concurred; Senior Judge Graves dissented by separate opinion. The Court affirmed an order of the circuit court affirming a decision of the Kentucky Unemployment Insurance Commission denying appellant’s request for benefits. The Court first held that the decision was supported by substantial evidence consisting of the employer’s documentary evidence as well as a supervisor’s testimony regarding appellant’s poor work performance. The Court next held that the Commission did not misapply KRS 341.370, which permits the denial of benefits on the basis of misconduct. Appellant’s actions did not represent mere inefficiency or unsatisfactory conduct but rather, represented a refusal to perform work as ordered over a lengthy period of time, and therefore, met the statutory definition of misconduct.

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