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City of Houston v. Martin12/4/2003
The City of Houston (the City) appeals the judgment of the trial court affirming the decision of the Texas Workforce Commission (TWC) that Glinda Martin was not disqualified for benefits and awarding benefits to Martin. We affirm.
BACKGROUND
Martin was employed by the City as a cashier at the Hobby Airport parking lot toll booth from December 1995 to January 28, 2000. The City decided to privatize the Parking Management Division, and, in correspondence dated January 12, 2000, informed the division's employees that their positions had been eliminated, that they were identified for layoff, and that their last day of employment with the City would be Friday, January 28, 2000. The letter stated that the employees would receive assistance in investigating transfer possibilities with the City, would be placed on a reemployment list for one year, and would receive out-placement assistance.
The City negotiated with the new parking management company to ensure that the company would hire the City's laid-off employees at the same wages paid by the City, with the same work schedules, and with similar benefits. The employees were informed of this opportunity.
Martin told Dolores Rodgers, the City's assistant director of aviation for the human resources division, that she wanted to continue her employment with the City. Martin applied for approximately seven jobs, but was not hired. Martin did not want to take the job with the new parking management company because she was concerned that the cost of health insurance was higher, and she had a son who had health problems. When Martin had not found another city job by January 28, she told Rodgers to lay her off.
Martin applied for unemployment compensation, and TWC determined that she was eligible. The City appealed that determination, and the Appeal Tribunal reversed the decision, ruling that Martin was disqualified under section 207.045 of the Workers Compensation Act. Martin appealed to the full commission, which reversed the Appeal Tribunal and awarded benefits to Martin. The City sought judicial review of TWC's decision, and the trial court affirmed the decision. The City brings this appeal, contending that the district court incorrectly concluded that TWC's decision was supported by substantial evidence and that Martin left her last work voluntarily.
DISCUSSION
Standard of Review
The trial court reviews a TWC decision de novo to determine whether there is substantial evidence to support that decision. Tex. Lab. Code Ann. ยง 212.202(a) (Vernon Supp. 2004); Mercer v. Ross, 701 S.W.2d 830, 831 (Tex. 1986); City of Houston v. Morris, 23 S.W.3d 505, 507 (Tex. App.-Houston [1st Dist.] 2000, no pet.). "Substantial evidence" is more than a scintilla, but less than a preponderance of the evidence. City of Houston v. Tippy, 991 S.W.2d 330, 334 (Tex. App.-Houston [1st Dist.] 1999, no pet.). Under the substantial-evidence review, the issue is whether the evidence introduced before the trial court shows facts in existence at the time of TWC's decision that reasonably support the decision. Collingsworth Gen. Hosp. v. Hunnicutt, 988 S.W.2d 706, 708 (Tex. 1998); Morris, 23 S.W.3d at 507. The party seeking to set aside TWC's decision has the burden of proving that it is not supported by substantial evidence. Mercer, 701 S.W.2d at 831. In determining whether there is substantial evidence to support an agency's decision, the trial court determines whether reasonable minds could have reached the same conclusion the agency reached. Dotson v. Texas State Bd. of Med. Examiners, 612 S.W.2d 921, 922 (Tex. 1981); Morris, 23 S.W.3d at 507. Whether TWC's decision was supported by substant
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