COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Willis and Bray
Argued at Norfolk, Virginia
DEBORAH A. WOOD
Record No. 0814-94-1
JUDGE JERE M. H. WILLIS, JR.
VIRGINIA EMPLOYMENT COMMISSION JUNE 20, 1995
AMERICOMM DIRECT MARKETING, INC.
FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK
Morris B. Gutterman, Judge Designate
Gilman P. Roberts, Jr. (Tidewater Legal Aid
Society, on briefs), for appellant.
Julia D. Tye, Assistant Attorney General
(James S. Gilmore, III, Attorney General;
Lisa J. Rowley, Assistant Attorney General,
on brief), for appellee Virginia Employment
No brief or argument for appellee Americomm
Direct Marketing, Inc.
Deborah A. Wood was discharged from employment by Americomm
Direct Marketing, Inc. on September 16, 1993. She filed for
unemployment compensation benefits. Her claim was processed by
the Virginia Employment Commission pursuant to Code Title 60.2,
Chapter 6, Article 5 (Code §§ 60.2-619, et. seq.). Upon review,
the Commission, acting through a special examiner pursuant to
Code § 60.2-622(C), denied benefits on the ground that Ms. Wood's
discharge resulted from her misconduct and that she was barred
from receiving benefits by Code § 60.2-618(2). On judicial
review pursuant to Code § 60.2-625, the trial court affirmed the
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On appeal, Ms. Wood contends that the trial court erred in
denying her unemployment compensation benefits and in failing to
follow the precedent of Kennedy's Piggly Wiggly Store, Inc. v.
Cooper, 14 Va. App. 701, 419 S.E.2d 278 (1992). We find no error
and affirm the judgment of the trial court.
The issue before us is whether Ms. Wood's discharge resulted
from misconduct disqualifying her for benefits. Code § 60.2-618
provides, in pertinent part:
An individual shall be disqualified for benefits upon
separation from the last employing unit for whom he has