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WYNN v. ARIZONA DEPT. OF ECONOMIC SEC.

No. 1 CA-UB 12-0372.

315 P.3d 1247 (2014)

Mark F. WYNN, Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an Agency, and Hensley and Co., Appellees.

Court of Appeals of Arizona, Division 1.

January 7, 2014.

Attorney(s) appearing for the Case

Knapp & Roberts, P.C., By David L. Abney, Scottsdale, for Appellant.

Fennemore Craig, P.C., By John J. Balitis, Jr., Janice Procter-Murphy, Carrie Pixler Ryerson, Phoenix, for Appellee Hensley and Co.

Judge MARGARET H. DOWNIE delivered the opinion of the Court, in which Presiding Judge LAWRENCE F. WINTHROP and Judge JON W. THOMPSON joined.

OPINION

DOWNIE, Judge.

¶ 1 Mark F. Wynn appeals from a determination by the Arizona Department of Economic Security ("ADES") that he is ineligible for unemployment benefits based on a lump sum payment he received from his former employer, Hensley and Co. ("Hensley"). The question before us is whether that payment constituted severance pay that disqualified Wynn from benefits. Because we conclude that the payment...

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