Kentucky Unemployment Insurance Commission v. Wilson

The Supreme Court overruled Shamrock Coal Co. v. Taylor, 697 S.W.2d 952 (Ky. App. 1985), which holds that a complaint that exhibits “a clear attempt at verification” is sufficiently compliant with Ky. Rev. Stat. 341.450(1) to authorize judicial review.

At issue in this case was whether Appellee had substantially complied with the verification requirement of section 341.450(1) when he filed a complaint seeking judicial review of an adverse decision of the Kentucky Unemployment Insurance Commission (KUIC). The circuit court dismissed the complaint based upon the decision of the Supreme Court in Taylor v. Kentucky Unemployment Insurance Commission, 382 S.W.3d 826 (Ky. 2012). The Court of Appeals reversed, citing Shamrock. The Supreme Court reversed after overruling Shamrock, holding that the complaint in this case failed to satisfy the verification requirement of section 341.450(1).