Drugs, competent evidence, unemployment benefits.

Roosevelt Marks, a truck driver with Matthews, Inc. is terminated when it's learned he posted a positive result in a pre-employment drug test taken six months earlier. Marks denied he used cocaine. He claimed that the urine sample he had submitted was mixed up with those of other employees. Following his dismissal, he filed for unemployment benefits. A state review board ruled in Marks' favor. Mattews, Inc. now appeals that ruling

The state review board ruled on behalf of Marks with the opinion that the test results were not reliable and Marks' discharge was for reasons other than misconduct connected with work.

Matthews Inc. loses. The Arkansas Court of Appeals affirmed the board's decision. At issue was the sufficiency of evidence, and the court held that the credibility of witnesses was for the board, and the board alone to decide.