Hicks v. Kentucky Unemployment Insurance Commission
Docket: No. 2012-CA-000113-MR
Court: Court of Appeals of Kentucky; January 3, 2013; Kentucky; State Appellate Court
Randy Hicks appealed a decision from the Kentucky Unemployment Insurance Commission that denied him unemployment benefits following his termination from CBS Personnel. The court found that Hicks was not allowed to adequately present his case to the Commission Referee due to the denial of a requested administrative subpoena for evidence. Hicks had been employed as a driver, requiring a Commercial Drivers License (CDL), but was unable to renew it because he could not obtain an Interstate Medical Waiver due to his diabetes, leading to his termination. Initially awarded benefits, Hicks was later disqualified for misconduct after an investigation. During the appeal process, Hicks' counsel requested a subpoena for documents related to the case, but it was never issued, nor was a continuance granted when counsel sought more time to secure the necessary evidence. The court concluded that denying Hicks a subpoena and continuance constituted a violation of his due process rights, as it prevented him from meaningfully presenting his evidence. Consequently, the court reversed the prior decision and remanded the case for a new hearing, allowing Hicks the opportunity to gather the required evidence. Judge Maze dissented.