Ohio Valley Medical Center, Inc. v. Gatson

496 S.E.2d 181, 201 W. Va. 231, 1997 W. Va. LEXIS 205
CourtWest Virginia Supreme Court
DecidedOctober 3, 1997
DocketNo. 23995
StatusPublished
Cited by1 cases

This text of 496 S.E.2d 181 (Ohio Valley Medical Center, Inc. v. Gatson) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio Valley Medical Center, Inc. v. Gatson, 496 S.E.2d 181, 201 W. Va. 231, 1997 W. Va. LEXIS 205 (W. Va. 1997).

Opinion

PER CURIAM:

This unemployment compensation case is before this Court upon a writ of certiorari from the final order of the Circuit Court of Kanawha County, West Virginia, entered on May 16, 1996. The appellant, Ohio Valley Medical Center, Inc., challenges the ruling of the circuit court upholding an administrative determination that the appellee, Debra J. Frazier, is entitled to benefits because she was compelled to leave her employment as a result of work-related stress. According to the appellant, the circuit court’s ruling constitutes error because the appellee failed to present the required certification from a licensed physician to the effect that her stress was related to her work and, in any event, failed to sufficiently establish that stress compelled her to leave her employment.

[233]*233This Court has before it the petition for a writ of certiorari, all matters of record and the brief and argument of counsel for the appellant. It should be noted that no brief has been filed with this Court by the appel-lee. Nevertheless, upon a thorough examination of the record and relevant authorities, this Court is of the opinion that the appellant’s grounds for relief are meritorious. Accordingly, we reverse the final order and conclude that the appellee is disqualified from receiving unemployment compensation benefits.

I

The appellee began working for the appellant in 1979 in the housekeeping department. Thereafter, she worked for the appellant in the laundry department and ultimately became a nursing assistant, a position she held at the time of her resignation. In January 1995, prior to her resignation, the appellee entered into stress counseling through an employee assistance program provided by the appellant. The counseling was conducted by a social worker. The appellee terminated the counseling, however, in July 1995.

On August 25, 1995, the appellee resigned from her employment without notice and without stating a reason. The appellee later testified that she left her job because of stress, which included a belief that she had not been treated fairly on the job and that she thought she was “being watched all the time.” Importantly, however, it is undisputed that the appellee never saw a physician concerning stress and never requested a leave of absence from work on account of stress. Nor was the appellee ever hospitalized for a stress related problem. Moreover, with regai-d to the appellee’s belief that she had been treated unfairly, the record reveals no significant disciplinary problems concerning the appellee’s employment with the appellant, reveals that the appellee never sought a change in her duties while working for the appellant and never utilized the appellant’s internal grievance procedure.

Following her resignation, the appellee filed a claim for unemployment compensation benefits. By decision dated September 20, 1995, however, the Deputy of the West Virginia Department of Employment Security ruled that, though eligible to receive such benefits, the appellee was disqualified because she failed to present the required certification from a licensed physician to the effect that her stress was related to her work. As W. Va.Code, 21A-6-3(l) [1990], provides:

Upon the determination of the facts by the commissioner, an individual shall be disqualified for benefits:
(1) For the week in which he left his most recent work voluntarily without good cause involving fault on the part of the employer[.] ... Further, for the purpose of this subdivision, an individual shall not be deemed to have left his most recent work voluntarily without good cause involving fault on the part of the employer, if such individual was compelled to leave his work for his own health-related reasons and presents certification from a licensed physician that his work aggravated, worsened, or will worsen the individual’s health problem.

Upon the appellee’s challenge to that ruling, a hearing was conducted by an administrative law judge. During the hearing, the appellee submitted a letter indicating that she had received counseling for work-related stress.1 Concluding that stress compelled the appellee to leave her employment, the administrative law judge held that the appel-lee was entitled to unemployment compensation benefits. By decision dated December 1, 1995, the Board of Review of the West Virginia Department of Employment Security upheld the ruling of the administrative law judge.

[234]*234The decision of the Board of Review was affirmed by the circuit court, pursuant to the final order of May 16, 1996. In particular, recognizing that the appellee “did not produce certification from a licensed physician that she was compelled to quit work because of stress,” the circuit court concluded that the appellee, nevertheless, did produce evidence that such was the case. The petition to this Court for a writ of certiorari followed. W. Va.Code, 21A-7-27 [1970].

' II

This Court has recognized that West Virginia’s statutory eligibility and disqualification provisions concerning the receipt of unemployment compensation benefits constitute a two-step process. When an individual is held to be eligible to receive such benefits, the next step is to consider whether the individual is disqualified. Lough v. Cole, 172 W.Va. 730, 732, 310 S.E.2d 491, 493 (1983); Kisamore v. Rutledge, 166 W.Va. 675, 680, 276 S.E.2d 821, 824 (1981). Here, the appel-lee has been determined to be eligible to receive unemployment compensation benefits at every level of the proceedings, and the appellant does not contest that determination. Rather, the sole issue concerns disqualification under W. Va.Code, 21A-6-3(l) [1990].

Moreover, in syllabus point 3 of Adkins v. Gatson, 192 W.Va. 561, 453 S.E.2d 395 (1994), this Court stated:

The findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly wrong. If the question on review is one purely of law, no deference is given and the standard of judicial review by the court is de novo.

Syl. pt. 1, Metropolitan Life Insurance Co. v. Gatson, 200 W.Va. 656, 490 S.E.2d 743 (1997); syl. pt. 1, Raleigh County Board of Education v. Gatson, 196 W.Va. 137, 468 S.E.2d 923 (1996); syl. pt. 3, Smittle v. Gatson, 195 W.Va. 416, 465 S.E.2d 873 (1995); syl. pt. 1, Davis v. Gatson, 195 W.Va. 143, 464 S.E.2d 785 (1995). See also W. Va.Code, 21A-7-21 [1943] (findings by the Board of Review shall have like weight to that accorded the findings of a trial chancellor or judge in equity procedure).

In the case now before this Court, the appellant asserts that the appellee failed to sufficiently establish that stress compelled her to leave her employment. Even under the clearly wrong standard of Adkins v. Gatson, supra,

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Bluebook (online)
496 S.E.2d 181, 201 W. Va. 231, 1997 W. Va. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-valley-medical-center-inc-v-gatson-wva-1997.