IN THE COURT OF APPEALS OF TENNESSEE 
AT NASHVILLE 

Assigned on Briefs November 7, 2003 

ANTUAN J. FOXX v. JAMES NEELY, ET AL. 
Appeal from the Chancery Court for Davidson County 
No. 02-1743-1 Irvin H. Kilcrease, Jr., Chancellor 
No. M2003-01634-COA-R3-CV - Filed November 21, 2003 

This is an appeal by a former employee whose unemployment compensation benefits were denied on 
the basis of work-related misconduct, specifically for allegedly refusing to perform certain work as 
requested by a supervisor. The claim for benefits was denied by the Employment Security Division 
of the Tennessee Department of Labor and Workforce Development. The employee filed a petition 
with the Chancery Court for judicial review. The Chancery Court affirmed. The employee asserts 
that the denial of his claim is not supported by substantial and material evidence. We find there is 
substantial and material evidence to support the denial of benefits and affirm the trial court. 
Tenn.R. App. P.3 Appeal as of right; Judgment of the Chancery Court 

Affirmed and Remanded 

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., P.J., 
M.S., and WILLIAM B. CAIN, J., joined. 
Frank J. Scanlon, Nashville, Tennessee, for the appellant, Antuan J. Foxx. 
Paul G. Summers, Attorney General and Reporter; and Warren A. Jasper, Assistant Attorney General, 
for the appellee James Neely, Commissioner, Tennessee Department of Labor and Workforce 
Development.1 

MEMORANDUM OPINION

Antuan J. Foxx (Foxx) was employed by Charging Systems International, Inc. (CSI). CSI 
manufactures battery chargers. Foxx’s primary function was to mount transformers on circuit boards. 
Foxx was initially compensated on an hourly basis; however, his compensation was changed to a 
piece-work rate by which he was paid by the number of transformers he mounted to circuit boards. 
Nevertheless, CSI reserved the right to assign different work to Foxx with the understanding that 
Foxx may be paid by different methods and amounts of compensation for the other work. 

On November 14, 2001, Foxx’s supervisor instructed Foxx to work at a different area to 
perform a different function. Specifically, Foxx was asked to mount a transformer for a special order. 
The new assignment required more time to assemble than the mounting process at Foxx’s primary 
work station. Realizing that the new assignment was more time consuming, Foxx requested a 
specific increase in his piece-work rate of payment in order to not reduce the amount of money he 
would make in a day. Though company officials refused to give a specific increase, Foxx was 
assured they would "figure out" a rate of compensation later. Foxx refused to perform the new duties 
until he was assured of his exact pay. His supervisor admonished him and asked Foxx if he would 
be willing to sign a statement confirming his refusal to accept the assignment. Foxx ultimately agreed 
to do the requested work and reported to the appropriate area of the plant to do the work for the 
special order. Upon arriving at the new work station, Foxx determined that there was insufficient 
work for him to do, specifically that there was an insufficient supply of transformers to remain busy. 
Foxx unilaterally left the new assignment, returned to his normal work station, and did not 
subsequently inquire to see if his services were needed for the special order. Later that evening the 
CSI production manager discovered that not all of the special order had been assembled and 
ascertained that Foxx had left his new assignment. The following day Foxx was terminated for 
insubordination for not assembling the special order as instructed. 

Foxx applied for unemployment compensation benefits. His claim was denied on the basis 
that Foxx was guilty of work-related misconduct. 

The issue presented is whether there is substantial and material evidence to support the 
decision of the Department of Labor and Workforce Development that Foxx was guilty of workrelated 
misconduct disqualifying him for benefits under Tenn. Code Ann. § 50-7-303(a)(2). 

The standard for judicial review of decisions of the Board of Review granting or denying 
unemployment compensation benefits is set forth in Tenn. Code Ann. § 50-7-304(I)(2) and (3). The 
pertinent provisions are as follows: 

(2) The chancellor may affirm the decision of the [Board of Review] or . . . may 
reverse, remand or modify the decision if the rights of the petitioner have been 
prejudiced because the administrative findings, inferences, conclusions or decisions 
are: (A) In violation of constitutional or statutory provisions; (B) In excess of the 
statutory authority of the agency; (C) Made upon unlawful procedure; (D) Arbitrary 
or capricious or characterized by abuse of discretion or clearly unwarranted exercise 
of discretion; or (E) Unsupported by evidence which is both substantial and material 
in light of the entire record. 
(3) In determining the substantiality of evidence, the chancellor shall take into 
account whatever in the record fairly detracts from its weight, but the chancellor shall 
not substitute the chancellor’s judgment for that of the board of review as to the 
weight of the evidence on questions of fact. No decision of the board shall be 
reversed, remanded or modified by the chancellor unless for errors which affect the 
merits of the final decision of the board 

When reviewing the decision of the Board of Review, the issue is not whether there is 
evidence in the record that might contradict the decision of the Board of Review, but whether there 
is substantial evidence to support that decision. Jackson v. Bible, 611 S.W.2d 588, 590 (Tenn. Ct. 
App.1980). So long as there is any evidence that supports the agency’s factual findings, judicial 
review is limited to questions of law. Id. at 590. It is generally held that courts must affirm the Board 
of Review if there is any evidence to support the Board’s decision, unless the Board’s decision is 
contrary to the law. Perryman v. Bible, 653 S.W.2d 424, 429 (Tenn. Ct. App.1983). 

The Board of Review found that there was sufficient evidence of misconduct, that his failure 
to follow his supervisor’s instructions constituted work-related misconduct and that such conduct 
disqualified him from unemployment benefits as work-related misconduct under Tenn. Code Ann. 
§ 50-7-303(a)(2). The Chancellor affirmed the decision of the Board of Review, finding the decision 
was supported by substantial and material evidence, and dismissed the Petition for Judicial Review. 

We also find that there is substantial and material evidence to support the decision. 
Accordingly, the judgment of the trial court is affirmed. Costs are assessed against the 
Appellant, Antuan J. Foxx. 

FRANK G. CLEMENT, JR., JUDGE