( Goodman )

( Haskell County - John N. Henderson )

Not Published

REVERSED

Edward E. Evans Oklahoma City, Oklahoma For Appellant

MEMORANDUM OPINION

This is an appeal from the district court's order of August 16, 1996, reversing the finding of the Oklahoma Employment Security Commission Board of Review (Board) which determined appellee Cindy S. Murray (Murray) voluntarily left her job without good cause and was thus ineligible for unemployment benefits. The district court reinstated unemployment benefits, resulting in this appeal.

Standard of review

The district court sits as an appeal tribunal and its jurisdiction is limited to the consideration of the transcript and the argument of the respective attorneys thereon. The district court is limited to a determination of whether an error of law was committed in the hearing and whether the findings are supported by the evidence introduced. Vester v. Board of Review of Oklahoma Employment Sec. Comm'n, 1985 OK 21, 697 P.2d 533, 536. The findings, decisions, and orders of an administrative body are presumptively correct and valid absent competent evidence to the contrary. Banking Bd. v. Wilkerson, 1982 OK 33, 642 P.2d 1141. A court of review, such as the district court, may not substitute its judgment for that of an agency, especially when the agency is acting in its own area of expertise. Tulsa Area Hosp. Council, Inc. v. Oral Roberts Univ., 1981 OK 29, 626 P.2d 316.

Facts

Murray worked for DP Manufacturing, Inc. (Employer), for six years until December 1995. She alleged that during her six years there, she was continually subjected to stressful working conditions by her co-workers. She stated that she was constantly told what to do by "everybody," she was required to do extra work she felt was not part of her normal job duties, the men she worked with were uncooperative and tardy in turning in their paperwork which she in turn was expected to process, her boss was not helping her handle these situations, and the atmosphere became "hostile." She stated the source of stress stemmed from racism, sexism, unauthorized parking in the handicapped zones by a supervisor, and the attitude of co-workers making it "impossible" for her to do her job. She alleged she was finally unable to handle the stress and was forced to quit. She admits she never sought medical treatment for the stress, and was never reprimanded for doing poor work.

Murray filed a claim for unemployment benefits, which was denied by the Oklahoma Employment Security Commission (OESC) pursuant to Citations: Unpublished Opinion No. 88,096 (1997)