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Roadway Express6/22/1990
ion of the Unemployment Compensation Board of Review. This court notes that it has previously applied an abuse of discretion standard in reviewing this type of appeal, following the decision of the Franklin County Court of Appeals in Angelkovski v. Buckeye Potato Chips Co. (1983), 11 Ohio App.3d 159, 11 OBR 242, 463 N.E.2d 1280. That decision cites the case of Rohde v. Farmer (1970), 23 Ohio St.2d 82, 52 O.O.2d 376, 262 N.E.2d 685, as authority for its application of an abuse of discretion standard in an unemployment compensation appeal. The Rohde case, however, deals with appellate review of a trial court's decision granting a new trial in a wrongful death and personal injury action, not an administrative appeal.
After reviewing the Irvine, Angelkovski and Rohde cases, this court finds that it must apply the standard of review set out by the Supreme Court of Ohio in Irvine, supra. Therefore, our role herein is to determine if the decision of the Unemployment Compensation Board of Review is unlawful, unreasonable, or against the manifest weight of the evidence. Id., 19 Ohio St.3d at 19, 19 OBR at 16, 482 N.E.2d at 591.
Upon consideration of the record below, including the evidence and the testimony that was before the board of review, this court finds that the board's determination, as affirmed by the court of common pleas, that appellee Rivers was terminated without just cause, is not unlawful, unreasonable, or against the manifest weight of the evidence.
Accordingly, appellant's sole assignment of error is found not well taken.
Judgment affirmed.
HANDWORK, P.J., concurs.
Prior to his death, Judge JOHN J. CONNORS, JR. participated in the decision-making process of this case.
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