Hudson v. Butler

Nicola Hudson was denied unemployment compensation after she voluntarily quit her job as a certified nursing assistant CNA at Pinehill Nursing Center. Hudson appealed, and after a hearing, an administrative hearing officer AHO affirmed the decision. Hudson also sought review by the Department of Labor’s Board of Review the Board, which also affirmed. Hudson then filed a petition for review in superior court, which affirmed the Board’s decision. Hudson requested permission to file a discretionary appeal, which this Court granted. Hudson’s sole enumeration of error on appeal is that the Board’s decision is contrary to Georgia law because she had good cause for quitting her position as a CNA. For the reasons that follow, we agree with Hudson and therefore reverse the Board’s decision.

Judicial review of an administrative decision requires this Court to determine that the findings of fact are supported by ‘any evidence’ and to examine the soundness of the conclusions of law that are based upon the findings of fact. Citation and punctuation omitted. Davane v. Thurmond, 300 Ga. App. 474, 475 685 SE2d 446 2009. When this Court reviews a superior court’s order in an administrative proceeding, our duty is not to review whether the record supports the superior court’s decision but whether the record supports the final decision of the administrative agency. Citation and punctuation omitted. Id. This Court reviews legal conclusions de novo. Ga. Dept. of Agriculture v. Brown, 270 Ga. App. 646, 649 2 607 SE2d 259 2004. The question of whether Hudson quit her job either with or without ‘good cause’ requires a legal conclusion. . . . Holstein v. North Chem. Co., 194 Ga. App. 546, 548 3 390 SE2d 910 1990.