Daines v. DWS and TSA Stores
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IN THE UTAH COURT OF APPEALS ----ooOoo---Eric Daines, Petitioner, v. Department of Workforce Services, Workforce Appeals Board; and TSA Stores, Inc., Respondents. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090517-CA F I L E D (September 17, 2009) 2009 UT App 264 ----Original Proceeding in this Court Attorneys: Eric Daines, Sandy, Petitioner Pro Se Geoffrey T. Landward, Salt Lake City, for Respondent Workforce Appeals Board ----- Before Judges Bench, Orme, and McHugh. PER CURIAM: Eric Daines petitions for review of the Workforce Appeals Board's (the Board) decision affirming the denial of unemployment benefits and the assessment of an overpayment penalty. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review. Daines did not respond to the motion. Daines did not state an issue for review in his docketing statement, nor did he raise an issue in response to this court's motion. Even assuming a challenge to the Board's findings, there is no substantial question for review meriting further proceedings in this court. This court will reverse an administrative agency's findings of fact "only if the findings are not supported by substantial evidence." Drake v. Industrial Comm'n, 939 P.2d 177, 181 (Utah 1997). The record shows that there was substantial evidence supporting the Board's findings. Affirmed. ______________________________ Russell W. Bench, Judge ______________________________ Gregory K. Orme, Judge ______________________________ Carolyn B. McHugh, Judge 20090517-CA 2
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