By Payroll and Entitlements Editorial Staff
A certified nurse's aide at a nursing home was discharged for refusing to obey instructions and displaying inappropriate behavior in the workplace. The Commission argued that the circuit court improperly made findings of fact in its order reversing the Commission’s decision. Unlike the trial court, the Commission is entitled by statute to issue new findings of fact when reviewing the decision of a hearing officer. Based on the new findings, the Commission denied benefits to the claimant. The High Court determined that neither the circuit court nor the appellate court reviewed the case under the proper standard and, after a thorough review of the applicable facts and case law, found that substantial evidence did exist to support the denial of benefits. Thus, it reversed the court of appeals’ ruling and reinstated the Commission's original denial of benefits (Miles, Ky. Sup. Ct. (Unpub. Op.), No. 2018-SC-000455-DG, April 30, 2020).
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