When Frank Whitfield was discharged from his position as a mental health technician for MCG Health Inc. MCG, he applied for unemployment benefits. An administrative hearing officer AHO with the Georgia Department of Labor the department found that Whitfield did not qualify for benefits because he was discharged for displaying inappropriate behavior toward a patient. The department’s board of review upheld the decision of the AHO, but the superior court reversed, finding that there was no competent evidence that Whitfield violated MCG procedure. MCG appeals following this court’s grant of its application for discretionary review. Because there was evidence to support the department’s denial of benefits, we reverse. In considering whether the administrative tribunal properly found that Whitfield was not entitled to receive unemployment benefits, the trial court, as well as this court, must affirm if there is any evidence to support that ruling. Miller Brewing Co. v. Carlson , 162 Ga. App. 94, 95 290 SE2d 200 1982. And we will uphold the department’s factual findings if there is any evidence to support them. Solinet v. Johnson , 280 Ga. App. 227, 228 633 SE2d 626 2006.
Under OCGA § 34-8-194 2 A, an individual may be disqualified from receiving unemployment compensation benefits when he or she has been discharged “for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed. . . .” But before such disqualification is appropriate, the employer must show that the discharge was caused by the deliberate, conscious fault of the claimant. This is in keeping with the strong public policy favoring payment of unemployment benefits to persons unemployed through no fault of their own. OCGA § 34-8-2. Disqualification is an exception to the statutory scheme for unemployment benefits and the employer must show by a preponderance of the evidence that disqualification is appropriate. Citations and punctuation omitted. Jamal v. Thurmond , 263 Ga. App. 320, 321 1 587 SE2d 809 2003.
