Clark v. Director, Department of Workforce Services, 2015 Ark. App. 491

Appellant Timothy Clark worked about seven years as a maintenance worker for Greater River Medical Center and was terminated on August 5, 2014.
Clark applied for unemployment benefits; the Department denied benefits under Ark. Code Ann. §11-10-514 for misconduct in connection with work.
Clark appealed to the Arkansas Appeal Tribunal; a hearing was held on September 24, 2014.
Cheri Blurton, HR Director for Greater River, testified that Clark made threatening remarks and that a knife was mentioned after a July 31 scuffle with a coworker.
Beaty, the CEO, gave a final warning before termination; Clark allegedly repeated the threatening statements to co-workers and Blurton.
The Tribunal upheld the Department’s denial of benefits; the Board denied Clark’s application for appeal; Clark timely appealed to the Board, which affirmed the Tribunal’s decision; the issue is whether the Board’s misconduct finding is supported by substantial evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board’s misconduct finding was supported by substantial evidence.	Clark contends he did not threaten anyone.	The employer’s testimony supports threats and willful disregard of policy.	Yes; Board’s finding supported by substantial evidence.

Holmes v. Dir., 2015 Ark. App. 337 (2015 Ark. App. 337) (review of Board findings for substantial evidence; credibility and weight resolved by Board)