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Jerry Fulton v. Ohio Department of Job and Family Services

November 3, 2011

JERRY FULTON PLAINTIFF-APPELLANT
v.
OHIO DEPARTMENT OF JOB AND FAMILY SERVICES DEFENDANT-APPELLEE



Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-684448

The opinion of the court was delivered by: Kathleen Ann Keough, J.:

Cite as

Fulton v. Ohio Dept. of Job & Family Servs.,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Keough, J., Celebrezze, P.J., and Sweeney, J.

{¶1} Appellant, Jerry Fulton, appeals the decision of the common pleas court that affirmed the decision of the Ohio Unemployment Review Commission ("commission"), which found that Fulton was terminated for just cause and denied his claim for unemployment compensation. We affirm the decision of the trial court.

I

{¶2} On June 27, 2008, Fulton was discharged from his position as maintenance supervisor with MBA Realty Company, Inc. ("MBA Realty"). He filed an application for unemployment benefits, which the director of Ohio's Department of Job and Family Services disallowed upon a determination that Fulton was discharged for just cause. Fulton appealed; the director subsequently affirmed the initial determination.

{¶3} Fulton filed an appeal from the redetermination and the director transferred jurisdiction to the commission. After a hearing,*fn1 the hearing officer issued a decision affirming the denial of benefits and finding that Fulton was discharged for just cause. The commission subsequently denied Fulton's request for further review.

{¶4} Fulton then appealed the commission's decision to the common pleas court, which affirmed the commission's decision, finding that the decision was not unlawful, unreasonable, or against the manifest weight of the evidence. Fulton now appeals from the trial court's order.

II

{ΒΆ5} Reviewing courts (both trial and appellate) may reverse the commission's decision only if it is "unlawful, unreasonable, or against the manifest weight of the evidence." R.C. 4141.282(H); Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Servs., 73 Ohio St.3d 694, 696, 1995-Ohio-206, 653 N.E.2d 1207. Reviewing courts cannot make factual findings or determine the credibility of witnesses, but must determine whether the commission's decision is supported by evidence in the record. Id. at 697. Every reasonable presumption should be made in favor of the commission's decision and findings of fact. Banks ...


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