Theresa Malone v. Tennessee Department of Safety, et al

This  appeal  arises out  of an  administrative proceeding initiated  by a  former  driver’s license examiner.  After the examiner was injured on the job, she was absent  from work for nearly thirteen months.  For some of those months, she was on various  forms of approved leave.  Eventually, the examiner was terminated for job abandonment. She exhausted the Department of Safety’s grievance process, and both the Commissioner of the Department and the Tennessee Civil Service Commission affirmed her termination. The examiner then appealed to the chancery court, which also affirmed the Commission’s decision.  The examiner appealed.  Because we find the Commission’s decision was not supported  by substantial  and  material  evidence  and  was  arbitrary or  capricious,  we reverse and remand.