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IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs  November 7, 2003

ANTUAN J. FOXX v. JAMES NEELY, ET AL.
Appeal from the Chancery Court for Davidson County
No. 02-1743-1 Irvin H. Kilcrease, Jr., Chancellor

No. M2003-01634-COA-R3-CV - Filed November 21, 2003
This is an appeal by a former employee whose unemployment compensation benefits were denied on the basis of work-related misconduct, specifically for allegedly refusing to perform certain work as requested by a supervisor.  The claim for benefits was denied by the Employment Security Division of the Tennessee Department of Labor and Workforce Development. The employee filed a petition with the Chancery Court for judicial review.  The Chancery Court affirmed.  The employee asserts that the denial of his claim is not supported by substantial and material evidence.  We find there is substantial and material evidence to support the denial of benefits and affirm the trial court.

Tenn.R. App. P.3 Appeal as of right; Judgment of the Chancery Court
Affirmed and Remanded

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., P.J., M.S., and WILLIAM B. CAIN, J., joined.
Frank J. Scanlon, Nashville, Tennessee, for the appellant, Antuan J. Foxx.
Paul G. Summers, Attorney General and Reporter; and Warren A. Jasper, Assistant Attorney General, for the appellee James Neely, Commissioner, Tennessee Department of Labor and Workforce Development.1
1James Ne ely succ eed ed M ichae l M agill as C omm issioner of the T enne ssee D epa rtmen t of Labor and W orkforce Development.  Accordingly, James Neely has been substituted as the party defendant pursuant to Rule 19(c) Tenn. R. App. P. (when an officer of the state ceases to hold office, the officer

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