ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
DEPARTMENT OF VETERANS
AFFAIRS, VA REGIONAL OFFICE
DIRECTOR, DEPARTMENT OF
WORKFORCE SERVICES and
MARTHA E. BRITTON
FEBRUARY 14, 2007
APPEAL FROM THE BOARD OF
REVIEW, [NO. 2006-BR-00445]
Appellant Department of Veterans Affairs, VA Regional Office #350, brings this
appeal from a decision of the Board of Review finding that appellee Martha E. Britton was
discharged from her last work for reasons other than misconduct connected with the work.
The appellant argues that the Board’s decision is not supported by substantial evidence, and
that Mrs. Britton should have been disqualified from receiving unemployment benefits. We
Arkansas Code Annotated section 11-10-514(a)(1) (Repl. 2002) provides, “If so
found by the Arkansas Employment Security Department, an individual shall be disqualified
for benefits if he or she is discharged from his or her last work for misconduct in connection
with the work.” In Johnson v. Director, 84 Ark. App. 349, 351-52, 141 S.W.3d 1, 2 (2004),
“Misconduct,” for purposes of unemployment compensation, involves: (1) disregard
of the employer’s interest; (2) violation of the employer’s rules; (3) disregard of the
standards of behavior which the employer has a right to expect; and (4) disregard of
the employee’s duties and obligations to his employer. Rossini v. Director, 81 Ark.
App. 286, 101 S.W.3d 266 (2003). To constitute misconduct, however, the
definitions require more than mere inefficiency, unsatisfactory conduct, failure in
good performance as the result of inability or incapacity, inadvertencies, ordinary
negligence in isolated instances, or good-faith errors in judgment or discretion. Id.
Instead, there is an element of intent associated with a determination of misconduct.
Blackford v. Director, 55 Ark. App. 418, 935 S.W.2d 311 (1996). There must be an
intentional and deliberate violation, a willful and wanton di