COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Alston and Senior Judge Coleman
UNPUBLISHED
VIRGINIA EMPLOYMENT COMMISSION
MEMORANDUM OPINION*
v. Record No. 2337-12-1 PER CURIAM
JULY 16, 2013
GAIL CARROLL
FROM THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH
Johnny E. Morrison, Judge
(Kenneth T. Cuccinelli, II, Attorney General; Joshua E. Laws,
Assistant Attorney General, on brief), for appellant.
No brief for appellee.
The Virginia Employment Commission (the VEC) appeals a decision of the circuit court
reversing a decision of the VEC. The VEC found that Gail Carroll was disqualified for benefits
because she was discharged for misconduct connected with work. On appeal, the VEC argues the
circuit court erred in finding Carroll mitigated her misconduct. The VEC also contends the circuit
court erroneously applied the holding in Robinson v. Hurst Harvey Oil, Inc., 12 Va. App. 936, 407
S.E.2d 352 (1991). We have reviewed the record and the circuit court’s September 7, 2012 opinion
letter, and find that this appeal is without merit. Accordingly, we affirm for the reasons stated by
the circuit court in its September 7, 2012 opinion letter and its December 6, 2012 final order. See
Carroll v. Virginia Emp’t Comm’n, Case No. CL11001632-00. We dispense with oral argument
and summarily affirm because the facts and legal contentions are adequately presented in the
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
materials before the Court and argument would not aid the decisional process. See Code
§ 17.1-403; Rule 5A:27.
Affirmed.
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