Summary 2013 WY 12

Summary of Decision January 31, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: ZACK D. KOCH v. DEPARTMENT OF EMPLOYMENT, UNEMPLOYMENT INSURANCE COMMISSION

Docket Number: S-12-0123

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Albany County, Honorable Jeffrey A. Donnell, Judge

Representing Appellant (Plaintiff/Defendant): Bruce S. Asay, Associated Legal Group, LLC, Cheyenne, Wyoming.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Brenda S. Yamaji, Assistant Attorney General.

Date of Decision: January 31, 2013

Facts: The appellant, Zack D. Koch, was terminated from his employment with HIS-Garden Inn Laramie, Inc. (Hilton) on December 10, 2009. The appellant applied for and was initially granted unemployment benefits. Hilton appealed that determination and, after a telephonic hearing where testimony and evidence was received, a hearing examiner affirmed the initial decision and found that the appellant was entitled to unemployment benefits. Hilton then appealed the hearing examiner’s decision to the Unemployment Insurance Commission (Commission), which reversed the hearing examiner’s decision and found that the appellant was not entitled to unemployment benefits. The appellant appealed the Commission’s decision to the district court, which affirmed the Commission’s denial of benefits. The appellant now appeals the Commission’s decision to this Court.

Issues: As a matter of law, did the Commission act within its authority when it reviewed and reversed the hearing examiner’s decision to grant the appellant unemployment benefits? Was the Commission’s decision that the appellant engaged in misconduct and thereby not entitled to unemployment benefits supported by substantial evidence in the record?

Holdings: The appellant’s claim for unemployment benefits was considered properly by the appeal tribunal and the Commission in accordance with the statutory requirements. Further, the district court conducted the proper review of the agency decision by reviewing the decision of the Commission and not of the hearing examiner in the appeal tribunal. Finally, the Commission’s determination that the appellant was terminated for engaging in misconduct is supported by substantial evidence in the record. Affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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