Nancy Griffin v. Director, Department Of, Workforce Services

2023 Ark. App. 300

• Court: Court of Appeals of Arkansas
• Decided: May 24, 2023
• Status: Published

Opinion

Cite as 2023 Ark. App. 300 ARKANSAS COURT OF APPEALS DIVISION I No. E-22-246

NANCY GRIFFIN OPINION DELIVERED MAY 24, 2023 APPELLANT

V. APPEAL FROM THE ARKANSAS BOARD OF REVIEW [NO. 2021-BR-05226] DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES APPELLEE REVERSED AND REMANDED

ROBERT J. GLADWIN, Judge

The Arkansas Board of Review (Board) affirmed the denial of Pandemic Emergency

Unemployment Compensation (“PECU”) benefits after the Appeal Tribunal found

appellant Nancy Griffin unavailable for work beginning December 27, 2020. We reverse and

remand this case to the Board to make sufficient findings of fact and conclusions of law.

In its decision, the Board recites the testimony presented at the hearing, and then

simply states that the record contains a “sufficient basis to find” that the appellant was

unavailable for work. It further states, “[T]he Board concludes that the decision made by the

Appeal Tribunal in Appeal No. 2021-AT-21107, should be affirmed.”

The Board must make findings of fact for this court to review. See Ferren v. Dir., 59

Ark. App. 213, 956 S.W.2d 198 (1997). A conclusory statement that does not detail or

analyze the facts upon which it is based is not sufficient. Id. The Board failed to make any findings of fact; failed to adopt the Appeal Tribunal’s findings of fact; and failed to

specifically address appellant’s contention that she checked the wrong box.

Because we are unable to determine the facts upon which the Board relied, we reverse

and remand for the Board to make specific findings of fact and conclusions of law.

Reversed and remanded.

KLAPPENBACH and GRUBER, JJ., agree.

Nancy J. Griffin, pro se appellant.

Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.