RENDERED: NOVEMBER 9, 2006; 10:00 A.M. 

Commonwealth Of Kentucky 
Court of Appeals 

KENTUCKY UNEMPLOYMENT 
INSURANCE COMMISSION APPELLANT 

v.

OHIO VALLEY AUTO SALES, INC., 
D/B/A EARL FLOYD FORD; AND 
WARREN C. NOBLE APPELLEES 

OPINION 
REVERSING AND REMANDING 
** ** ** ** ** 
BEFORE: ACREE, SCHRODER, AND VANMETER, JUDGES. 
ACREE, JUDGE: The Kentucky Unemployment Insurance Commission 
(Commission) brings this appeal from an Opinion and Order of the 
Carroll Circuit Court, reversing a Commission decision granting 
unemployment benefits. Because we agree that substantial 
evidence supports the Commission’s findings and that it 
correctly applied the applicable law, we reverse the circuit 
court’s decision. 

Warren C. Noble (Noble) began working for Earl Floyd 
Ford (the employer) on June 9, 2004, as a floater, with wash-bay 
and clean-up duties, earning $6.00 per hour, in full-time, nonunion 
employment. In the last month or so of his employment, 
Noble was assigned to his own quick-lube and oil change bay at a 
similar hourly rate of pay, but received additional compensation 
equal to thirty-five (35) percent of the profit from work he 
performed. 

Several days before Noble was discharged on August 19, 
2004, Matt Smith, the manager, asked him if he wanted his old 
job back at his former rate of pay. Noble elected to remain 
where he was because of the decrease in pay. Two or more days 
later, Noble was discharged. He was told that there had been 
complaints with his work. Noble claims he was not given this 
information when he was asked if he wanted to return to his 
prior job assignment. Noble also claims he did not know that he 
was offered the demotion in lieu of termination. 
The employer was not satisfied with Noble’s level of 
performance while he was working in the bay, as the employer 
received several customer complaints. It is the employer’s 
contention that Noble knew he was going to be terminated, but 
could avoid the firing if he went back to his old position. 
Noble was terminated on or about August 19, 2004. 

On August 22, 2004, Noble filed for unemployment 
insurance benefits. The Division of Unemployment Insurance 
granted Noble benefits on the grounds that he had refused, with 
good cause, an offer of unsuitable work. The employer appealed 
and a referee hearing was conducted. The referee set aside the 
October 22 determination, finding that Noble had refused an 
offer of suitable work without good cause. Noble appealed this 
decision to the Commission who reversed the Referee’s Decision 
and found in Noble’s favor. The employer’s January 19, 2005, 
request for reconsideration was denied. The employer then filed 
a complaint with the Carroll Circuit Court pursuant to Kentucky 
Revised Statute (KRS) 341.450(1) seeking judicial review of the 
Commission’s Order. On October 7, 2005, the Carroll Circuit 
Court set aside the Order of the Commission as arbitrary and not 
based upon substantial evidence and ordered Noble’s unemployment 
benefits terminated. 

The Commission now appeals the circuit court’s order. 
We find the circuit court erred in holding the Commission’s 
findings were arbitrary. This Court holds the Commission 
properly performed a de novo review of Noble’s unemployment case 
and appropriately weighed the facts and based its findings upon 
substantial evidence. 

Upon review of an administrative agency’s adjudicatory 
decision, an appeal court’s authority is somewhat limited. See 
American Beauty Homes Corp. v. Louisville & Jefferson County 
Planning and Zoning Comm’n, 379 S.W.2d 450 (Ky. 1964)(stating 
judicial review involves whether an administrative agency’s 
decision is arbitrary). If an administrative agency’s findings 
of fact are supported by substantial evidence of probative 
value, then they are binding on the reviewing court. See 
Kentucky Unemployment Ins. Comm’n v. Landmark Cmty. Newspapers 
of Kentucky, Inc., 91 S.W.3d 575, 578 (Ky. 2002). Substantial 
evidence is defined as evidence, taken alone or in light of all 
the evidence, that has sufficient probative value to induce 
conviction in the minds of reasonable people. Owens-Corning 
Fiberglas Corp. v. Golightly, 976 S.W.2d 409, 414 (Ky. 1998). 
If the administrative agency decision was not supported by 
substantial evidence, then it was arbitrary or clearly 
erroneous. Landmark, at 579. However, if there was substantial 
evidence to support the agency’s decision, it cannot be said to 
be arbitrary. Id. The agency’s findings must be upheld if 
based on substantial evidence “even though there exists evidence 
to the contrary in the record.” Id. at 578. A court may not 
substitute its opinion as to the credibility of the witnesses, 
the weight given the evidence, or the inferences to be drawn 
from the evidence. Burch v. Taylor Drug Store, Inc., 965 S.W.2d 
830, 834 (Ky.App. 1998). A court’s function in administrative 
matters is one of review, not reinterpretation. See Kentucky 
Unemployment Ins. Comm’n v. King, 657 S.W.2d 250, 251 (Ky.App. 
1983). 

The fundamental question before us is whether the 
facts found by the Commission are “supported by substantial 
evidence,” Kentucky Unemployment Ins. Comm’n v. Springer, 437 
S.W.2d 501,502 (Ky. 1969), and, if so, whether the Commission 
“incorrectly applied the correct use of law to the facts 
presented to it.” Kentucky Unemployment Ins. Comm’n v. Stirrat, 
688 S.W.2d 750, 751-52 (Ky.App. 1984). 

This Court has stated that the Commission has the 
authority to perform a de novo review of unemployment case 
appeals, which includes judging the weight of evidence and 
witness credibility. Burch, 965 S.W.2d 830. Accordingly, upon 
its review the Commission made factual findings that 1) Noble 
was asked several days before his termination if he would like 
to return to his prior position at his former pay rate; 2) Noble 
declined the job transfer because it would mean a decrease in 
pay; 3) Noble was fired a few days later due to complaints 
pertaining to his work; 4) Noble was unaware the demotion was 
offered in lieu of termination. 

As the reviewing court, we must accept these findings 
as correct if supported by substantial evidence. Regardless of 
whether we would have held the same, we are not permitted to 
substitute our judgment for the Commission’s. Although there 
was conflicting testimony before the referee, the Commission had 
sufficient evidence to find that Noble did not refuse an offer 
of suitable work, and thus was not disqualified from receiving 
unemployment benefits. Therefore, we conclude that the facts as 
found by the Commission are supported by substantial evidence 
and as such are not arbitrary or clearly erroneous. 

Having determined that the Commission’s findings are 
supported by substantial evidence, we next review as to whether 
the Commission applied the correct rule of law. Our decision in 
the present case turns on the application of KRS 341.370(1)(a), 
which provides that a worker shall be disqualified from 
receiving unemployment benefits if he or she refused an offer of 
suitable work without good cause. The Commission found and we 
cannot refute that Noble was unaware of the circumstances 
surrounding his employer’s offer to transfer him back to his 
former position in the wash-bay. Without this knowledge, Noble 
had no reason to know that refusing the offer would lead to his 
eventual discharge.1 We agree with the Commission in their 
position that “no disqualification may be imposed on a worker 
for refusing an offer of work, whether the work be suitable or 
unsuitable work, if the worker is employed and unaware that loss 
of employment will result by refusing the offer.” We hold that 
the Commission’s factual findings were supported by substantial 
evidence and that it correctly applied the law to the facts as 
found. 

For the foregoing reasons, we reverse the judgment of 
the Carroll Circuit Court and remand this matter to the Kentucky 
Unemployment Insurance Commission with directions to enter an 
order consistent with this opinion. 

ALL CONCUR.