Opinion
Record No. 0943-92-1
October 19, 1993
FROM THE CIRCUIT COURT OF THE CITY OF WILLIAMSBURG AND COUNTY OF JAMES CITY WILLIAM L. PERSON, JR., JUDGE.
Dolores M. Carrington, for appellant.
John B. Sternlicht, Assistant Attorney General (Mary Sue Terry, Attorney General; Lisa J. Rowley, Assistant Attorney General; Eva S. Tashjian-Brown; McGuire, Woods, Battle Boothe, on briefs), for appellees.
Present: Chief Judge Moon, Judges Baker and Bray.
Argued at Norfolk, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Following termination of employment, Richard McRae, Sr. (claimant) applied to the Virginia Employment Commission (commission) for unemployment benefits. Busch Entertainment Corporation (employer) reported that claimant had been discharged for misconduct, and, following administrative consideration of the appropriate issues, the commission denied benefits. Claimant then petitioned the trial court for judicial review, after which the trial judge affirmed the decision. Claimant appeals, complaining that the evidence was insufficient to establish the alleged misconduct. We disagree and affirm the judgment of the trial court.
The parties are fully conversant with the record in the cause, and a recitation of the facts is unnecessary to this memorandum opinion.
"[T]he findings of the Commission as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law." Code § 60.2-625(A). Claimant asserts no claim of fraud, and we agree with the trial judge that "the factual findings of the commission were amply supported by the evidence." See Virginia Employment Comm'n v. Gantt, 7 Va. App. 631, 634-35, 376 S.E.2d 808, 811, aff'd en banc, 9 Va. App. 225, 385 S.E.2d 247 (1989). We also concur with the conclusion of both the commission and the court that the circumstances clearly established misconduct by claimant that bars unemployment benefits as a matter of law. See Code § 60.2-618(2); Branch v. Virginia Employment Comm'n, 219 Va. 609, 611-12, 249 S.E.2d 180, 182 (1978).
Accordingly, we affirm the judgment of the trial court.
Affirmed.