Kentucky Unemployment Ins. Comm'n v. Jones, 809 S.W.2d 715 (Ky. Ct. App. 1991). · Go Syfert
Kentucky Unemployment Ins. Comm'n v. Jones, 809 S.W.2d 715 (Ky. Ct. App. 1991). Cases Citing This Book View Copy Cite
“in addition, the courts have a duty to accord statutory language its literal meaning unless to do so would lead to an absurd or a wholly unreasonable result.”
36 citation events (27 in the last 25 years) across 2 distinct courts.
Strongest positive: Kentucky Department of Criminal Justice Training v. Ronald A. Godsey (kyctapp, 2024-11-22)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kentucky Department of Criminal Justice Training v. Ronald A. Godsey
Ky. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
in addition, the courts have a duty to accord statutory language its literal meaning unless to do so would lead to an absurd or a wholly unreasonable result.
discussed Cited as authority (verbatim quote) Commonwealth v. Plowman (2×) also: Cited as authority (rule)
Ky. · 2002 · quote attribution · 1 verbatim quote · confidence high
when there is no specific statutory definition, words of a statute shall be construed according to their common and approved usage.
discussed Cited as authority (rule) Marcia Ebbs, M.D. v. Kentucky Unemployment Insurance Commission
Ky. Ct. App. · 2020 · confidence medium
Dr. Ebbs argues that the Commission may not substitute its judgment for that of the employer with regard to determining instances of misconduct.7 However, our Court has already determined that the Commission is at liberty to 6 676 S.W.2d 472 (Ky. 1984). 7 According to Dr. Ebbs, the Commission is required to narrowly interpret an employer’s stated reason for firing an employee under Kentucky Unemployment Insurance Commission v. Jones, 809 S.W.2d 715, 716 (Ky. App. 1991).
cited Cited as authority (rule) Commonwealth of Kentucky v. Mandy Hughes
Ky. · 2017 · confidence medium
Co. v. Jones, 809 S.W.2d 715, 716 (Ky. App. 1991) (citing Claude N. Fannin Wholesale Co. v. Thacker, 661S.W.2d477 (Ky. App. 1983)).
discussed Cited as authority (rule) Commonwealth of Kentucky v. Mandy Hughes
Ky. · 2017 · confidence medium
Co. v: Jones, 809 S.W.2d 715, 716 (Ky. App. 1991) (citing Claude N. Fannin Wholesale Co. v. Thacker, 661S.W.2d477 (Ky. App. 1983)). / 13 Commonwealth v. Plowman, 86 S.W.3d 47, 49 (Ky. 2002). 14 (emphasis added). 1s 594 S.W.2d 884 (Ky. App. 1979). 16 McKinney, 594 S.W.2d at 887 . 7 less tha.n two grams.
discussed Cited as authority (rule) Johnson v. Branch Banking and Trust Co. (2×)
Ky. · 2010 · confidence medium
Com'n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991)); KRS 446.080(4).
cited Cited as authority (rule) Commonwealth v. Rhodes
Ky. Ct. App. · 2010 · confidence medium
Com’n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991)).
discussed Cited as authority (rule) Wilburn v. Commonwealth (2×)
Ky. · 2010 · confidence medium
Com’n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991) (“The courts have a duty to accord statutory language its literal meaning unless to do so would lead to an absurd or wholly unreasonable result.”).
cited Cited as authority (rule) Commonwealth, Department of Corrections v. Engle
Ky. · 2010 · confidence medium
Com’n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991)); KRS 446.080(4).
cited Cited as authority (rule) Hill v. Thompson
Ky. Ct. App. · 2009 · confidence medium
Comm’n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991).
discussed Cited as authority (rule) Holbrook v. Kentucky Unemployment Insurance Commission (2×)
Ky. Ct. App. · 2009 · confidence medium
Com'n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991).
cited Cited as authority (rule) Richardson v. Rees
Ky. Ct. App. · 2009 · confidence medium
Comm’n v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991).
discussed Cited as authority (rule) Lafayette Football Boosters, Inc. v. Commonwealth (2×)
Ky. Ct. App. · 2007 · confidence medium
“When there is no specific statutory definition, words of a statute shall be construed according to their common and approved usage.” Revenue Cabinet v. Comcast, supra, quoting Kentucky Unemployment Insurance Commission v. Jones, 809 S.W.2d 715, 716 (Ky.App.1991).
discussed Cited as authority (rule) Pate v. Commonwealth
Ky. · 2004 · confidence medium
Co. v. Jones, Ky.App., 809 S.W.2d 715, 716 (1991) ("When there is no specific statutory definition, words of a statute shall be construed according to their common and approved usage.”); KRS 446.080(4). 19 .
cited Cited as authority (rule) Revenue Cabinet v. Comcast Cablevision of the South
Ky. Ct. App. · 2003 · confidence medium
Comm’n. v. Jones, Ky.App., 809 S.W.2d 715, 716 (1991).
discussed Cited as authority (rule) McElroy v. Taylor (2×)
Ky. · 1998 · confidence medium
Comm’n v. Jones, Ky.App., 809 S.W.2d 715, 716 (1991).
cited Cited as authority (rule) Central Kentucky Cellular Telephone Co. v. Commonwealth
Ky. Ct. App. · 1995 · confidence medium
Comm’n v. Jones, Ky.App., 809 S.W.2d 715, 716 (1991), citing Claude N. Fannin Wholesale Co. v. Thacker, Ky.App., 661 S.W.2d 477 (1983).
Retrieving the full opinion text from the archive…
KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, Appellant,
v.
Gary JONES, Ricky Osborne, Gregory Boger, Ronald Gupton, Jeffrey Baxter, Clifton Bishop, James Gardner, James Doyle, Larry Brummett, Robert Beard, and Batesville Casket Company, Appellees
90-CA-928-MR.
Court of Appeals of Kentucky.
Apr 12, 1991.
809 S.W.2d 715
John H. Walker, Frankfort, for appellant., David William Hupp, Edwin Hopson, Louisville, Phil A. Bertram, Campbellsville, for appellees.
Lester, Howard, McDonald.
Cited by 28 opinions  |  Published
HOWARD, Judge.

The Kentucky Unemployment Insurance Commission appeals a judgment of the Tay[*716] lor Circuit Court in which suspended employees were ruled to be entitled to unemployment compensation benefits.

The individual appellees are all employees of Batesville Casket Company. The employees engaged in certain actions while picketing Batesville Casket. As a result of these actions, the employees were suspended on March 19,1989, pending an investigation by the company. Batesville Casket subsequently notified the employees that it determined not to terminate their employment and that the suspensions were being lifted as of March 16, 1989. However, one of the appellee employees, James Doyle, who was originally suspended, was discharged by the company.

The employees filed unemployment compensation claims which were denied. The reasons given for the denials were that the suspensions were a result of work-related misconduct. The employees appealed and a hearing was held before a referee on consolidated appeals. The referee upheld the initial denial of compensation. The commission issued a final order on July 26, 1989, affirming the referee’s decision.

The employees filed an appeal with the Taylor Circuit Court. The trial court upheld the commission’s finding that the employees had engaged in misconduct. The trial court did not agree that suspension for misconduct disqualifies an employee from compensation because KRS 341.370 only provides for disqualification in the event of “discharge” for misconduct. The trial court further found that James Doyle was properly denied benefits once he was discharged. The commission appeals to this Court only on the issue of whether suspension for misconduct results in disqualification for unemployment compensation.

KRS 341.370(1) provides in pertinent part that [a] worker shall be disqualified from receiving benefits for the duration of any period of unemployment with respect to which: ... (b) He has been discharged for misconduct or dishonesty connected to his most recent work_” In KRS 341.370(6), “ ‘discharge for misconduct’ ... shall include, but not be limited to separation initiated by an employer....” Following the quoted portion of KRS 371.370(6) is a list of examples of what might constitute misconduct.

The commission points out that the legislative purpose in enacting the unemployment compensation act was “to provide benefits only for those employes who have been forced to leave their employment because of forces beyond their control and not because of any voluntary act of their own.” Kentucky Unemployment Insurance Commission v. Kroehler Manufacturing Company, Ky., 352 S.W.2d 212, 214 (1961). The commission argues that the appellees’ conduct resulted in their suspension and thus, to award them benefits would be contrary to the intention of the legislature.

To reach the conclusion argued by the commission, we would have to decide that the term “discharge for misconduct,” defined as “separation” from employment in KRS 341.370(6) also includes suspension. In other words, the commission’s position requires that “separation” from employment and “suspension” from employment be interpreted as equivalent phrases.

When there is no specific statutory definition, words of a statute shall be construed according to their common and approved usage. Claude N. Fannin Wholesale Co. v. Thacker, Ky.App., 661 S.W.2d 477 (1983); KRS 446.080(4). A suspension does not commonly mean a separation from employment. Rather, during a suspension, employment with the employer continues.

In addition, the courts have a duty to accord statutory language its literal meaning unless to do so would lead to an absurd or a wholly unreasonable result. Bailey v. Reeves, Ky., 662 S.W.2d 832 (1984). To construe separation from employment as not including a suspension will not produce an absurd or wholly unreasonable result. While the commission indicates that its position is a better policy, the courts cannot ignore the plain meaning of a statute simply because another meaning might be considered to be a better policy.[*717] Board of Education of Nelson County v. Lawrence, Ky., 375 S.W.2d 830 (1963).

Under KRS 341.350(8), “the conditions of benefit disqualifications imposed by KRS 341.370 shall be strictly construed.” “Strict construction” demands a refusal “to extend [the] import of [the] words used.” Mutual Life Ins. Co. of New York v. Bryant, 296 Ky. 815, 177 S.W.2d 588, 592 (1943). The word “suspension” is not used in KRS 341.070 and the language used cannot be said to import that term. Any grafting of the term “suspension” into KRS 341.370 must be done by the legislature and not this Court.

The judgment is affirmed.

All concur.