RENITA DULANEY v. KARLA DAVIS, COMMISSIONER OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT and FEDERAL EXPRESS - Articles

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Posted by: Tanja Trezise on Apr 24, 2013

Court: TN Court of Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter, Warren Jasper, Senior Counsel, Nashville, Tennessee, for the appellant, Karla Davis, Commissioner, Department of Labor and Workforce Development

Attorneys 2:

No appearance on behalf of the appellee, Renita Dulaney

Judge(s): HIGHERS

This case involves a claimant’s right to unemployment compensation benefits. After initially being awarded such benefits, claimant was denied benefits based upon a finding that she had refused to return to her former position after being medically released to do so. The chancery court, however, reinstated her benefits concluding that her due process rights had been violated when a telephone hearing–as opposed to a face-to-face hearing–was conducted. We reverse the chancery court’s conclusion that the telephonic hearing violated claimant’s due process rights and we dismiss the case.

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