West Virginia Supreme Court

In Re: Tina Perry Queen

June 14, 1996196 W. Va. 442

Summary

The court reversed the circuit court’s decision overturning the Civil Service Commission’s reinstatement of Jo Ann Perry. It held that the Commission’s finding that Perry was fired, rather than voluntarily quitting, was supported by substantial evidence and that the reviewing court improperly substituted its judgment for the Commission’s permissible credibility determinations. The court remanded for entry of judgment consistent with its opinion.