Location:
COURT OF APPEALS OF ARKANSAS DIVISION ONE
Attorneys:
For Appellant: Gill Johnson & Gill by: Brooks A. Gill Dumas. For Appellee: Ronald A. Calkins Little Rock.
Author:
The Hon. Justice Judith Rogers
Matthews Inc. appeals from the decision of the Arkansas Board of Review which awarded the claimant Roosevelt Marks unemployment compensation based on a finding that he had been discharged for reasons other than misconduct connected with the work. Because the only question involved is the sufficiency of the evidence and because the Board's decision adequately explains its decision and we affirm we issue a memorandum opinion pursuant to our per curiam In re Memorandum Opinions 16 Ark. App. 301 700 S.W.2d 63 (1985).
The record reflects that the claimant was employed as a truck driver until he was discharged just six months after he was hired. Appellant resisted the payment of unemployment compensation contending that the claimant had been discharged for misconduct connected with the work when it was discovered that he had failed the drug test which had been given at the time he had been hired. Claimant denied that he had used cocaine and gave testimony suggesting that his urine sample had been placed on a table with many other such samples.
In making its decision the Board found that the test results were not reliable. Furthermore the Board resolved the issue of credibility in the claimant's favor.
In reviewing decisions of the Board of Review we view the evidence in the light most favorable to the findings of the Board and we will affirm the Board's decision if its findings are supported by substantial evidence. American Transportation v. Director 39 Ark. App. 104 840 S.W.2d 198 (1992). The credibility of witnesses and the drawing of inferences from the testimony is for the Board of Review not this court. Baker v. Director 39 Ark. App. 5 832 S.W.2d 864 (1992).
From our review of the record we cannot conclude that the Board's findings are not supported by substantial evidence and we affirm.
Affirmed.
Jennings C.J. and Cooper J. agree.