The Judgment was entered upon the circuit court's own1 Findings of Fact and Conclusions of Law.

RENDERED: MARCH 1, 2002; 10:00 a.m.

NOT TO BE PUBLISHED

C o m m o n w e a l t h O f K e n t u c k y

C o u r t O f A pp e a l s

NO. 2001-CA-000944-MR

JERRIANNE WEED APPELLANT

APPEAL FROM WARREN CIRCUIT COURT v. HONORABLE THOMAS R. LEWIS, JUDGE

ACTION NO. 00-CI-01178

KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION; LIFESKILLS, INC. APPELLEES

OPINION AFFIRMING ** ** ** ** **

BEFORE: DYCHE, EMBERTON, AND MILLER, JUDGES.

MILLER, JUDGE: Jerrianne Weed brings this appeal from a "Judgment" of the Warren Circuit Court entered April 12, 20011 upholding a decision of the Kentucky Unemployment Insurance Commission (KUIC). We affirm.

Jerrianne Weed began employment with appellee, Lifeskills, Inc., as a chemical dependency specialist on January 3, 2000. She was a full-time worker. She was in the process of obtaining her license in this area to allow her to practice independently. Her immediate supervisor with Lifeskills, Inc., was Lynn Pedigo. The clinical director of the substance abuse services was Debbie Leonard.

Jerrianne's last day of employment with Lifeskills was May 10, 2000. On that day, Jerrianne was asked to meet with Lynn Pedigo and Debbie Leonard. Upon entering the meeting, they furnished her a copy of a Work Improvement Plan (WIP). A dispute arose over the content of the WIP. Apparently, Jerrianne interpreted the WIP as accusing her of having falsified records. She announced her resignation. The record is not altogether clear, but it appears that she spoke with Gary Sims that same day about withdrawing her resignation. No decision was then made. On the following morning, Gary Sims advised Jerrianne that her resignation would not be rescinded.

On May 21, 2000, Jerrianne filed a claim for unemployment insurance benefits. On June 9, 2000, the Division of Unemployment Insurance issued a Notice of Determination holding that Jerrianne was disqualified from unemployment insurance benefits as she voluntarily left her job without good cause attributable to employment. Jerrianne appealed the Notice of Determination to an unemployment insurance referee. Kentucky Revised Statutes (KRS) 341.420. The referee conducted a hearing, and on July 6, 2000, rendered a decision setting aside the Notice of Determination. Lifeskills appealed the referee's decision to the KUIC. KRS 341.430. On August 25, 2000, the KUIC entered an order reversing the referee's decision. KUIC rendered its own findings, upon which it concluded that Jerrianne voluntarily quit her employment with Lifeskills without good cause attributable to employment. Accordingly, the KUIC ruled that Jerrianne was disqualified from receiving unemployment insurance benefits.

On or about September 13, 2000, Jerrianne filed a complaint in the Warren Circuit Court. Although KRS 341.450 provides that the circuit court shall review the KUIC on the record, the court nevertheless entered findings of fact, conclusions, and judgment affirming the KUIC. This appeal follows.

Our review of the decision of the KUIC is the same as that of the circuit court. Both the circuit court and this Court reviewed the record compiled before the Commissioner. See Burch v. Taylor Drug Stores, Inc., Ky. App., 965 S.W.2d 830 (1998). Neither the circuit court nor we are permitted to make findings of our own. We simply review the KUIC decision for arbitrariness.

Jerrianne recognizes that under Kentucky law one claiming unemployment benefits bears the burden of proof that she left employment for good cause. See Kentucky Unemployment Commission v. Day, Ky., 451 S.W.2d 656 (1970). To show good cause, Jerrianne must demonstrate that she was faced with circumstances so compelling as to leave no reasonable alternative but to voluntarily quit work. See Kentucky Unemployment Commission v. Murphy, Ky., 539 S.W.2d 293 (1976).

In these types of cases where the worker has failed in his burden of proof, the question presented to the circuit court, and to this Court, is not whether there is substantial evidence to support a decision. Rather, the question is whether the record as a whole compels a finding in favor of the worker. Viewing the matter in this light, we cannot say that the record compels a contrary finding. There is much dispute as to the evidence. It is disputed as to whether Jerrianne was given an opportunity to amend the WIP so as to delete objectionable material. We consider this dispute irrelevant. Further, there was a controversy over the circuit court's inappropriate findings. We, of course, consider this irrelevant. There are, however, several areas in which there is no dispute. There is no question but that Jerrianne was not performing her job to the satisfaction of her employer. There also is no question that the employer asked her to sign a WIP, and that she failed to do so. Finally, there is no question that Jerrianne announced her resignation.

Upon these undisputed facts, we cannot conclude that the record compels a finding that Jerrianne left her employment for good cause. Kentucky Unemployment Commission v. Day, Ky., 451 S.W.2d 656. We simply may not substitute our judgment for that of the KUIC. See Piper v. Singer Company, Inc., Ky. App., 663 S.W.2d 761 (1984).

For the foregoing reasons, the judgment of the Warren Circuit Court is affirmed.

ALL CONCUR.


BRIEF FOR APPELLANT: John H. McCracken Bowling Green, Kentucky

BRIEF FOR APPELLEE, KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION:

Randall K. Justice Frankfort, Kentucky

BRIEF FOR APPELLEE, LIFESKILLS, INC.:

David F. Broderick Bowling Green, Kentucky