Superior Senior Care, Inc. v. Director, Arkansas Employment Security Department and Dena R. Ford

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

LARRY D. VAUGHT, JUDGE

DIVISION IV

SUPERIOR SENIOR CARE, INC.

APPELLANT

V.

DIRECTOR, ARKANSAS EMPLOYMENT SECURITY DEPARTMENT, and Dena R. Ford

APPELLEES

E00-167

October 31, 2001

APPEAL FROM THE ARKANSAS BOARD OF REVIEW

HON. ROBERT J. DEGOSTIN,

CHAIRMAN

AFFIRMED

Superior Senior Care, Inc., contends on appeal that the Board of Review erred in its refusal to consider employer-coverage issues during a hearing to determine appellee's eligibility for unemployment benefits. We affirm.

In the recent case of Superior Senior Care, Inc. v. Director, Employment Security Department, 73 Ark. App. 395, 44 S.W.3d 749 (2001), we held that the Board's appellate jurisdiction over separation matters does not extend to employer-coverage issues, and that the Board was correct in limiting the scope of the hearing to the appellee's entitlement to unemployment benefits. We conclude that the aforementioned case controls the issues presented here. Therefore, we affirm the Board's decision by this memorandum opinion pursuant to section (d) of our per curiam In re: Memorandum Opinions, 16 Ark. App. 301, 701 S.W.2d 63 (1985).

Affirmed.

Pittman and Neal, JJ., agree.