| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
questions to examine |
|
|
Summary:
The BOR erred in finding that the element of willfulness had not been proven. Not necessary for the BOR members to delve in the claimant's mind as to why he would disregard the number of warnings regarding his coming to work in an inebriated state. He did chose to drink and to come to work in an unfit condition. This, if not an indication of willfulness, is surely an indication of "recklessness as to approach willfulness" to use the words of the FCA in Tucker (A-0381.85).
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
alcohol, drugs and gambling |
|
|
Summary:
The BOR erred in finding that the element of willfulness had not been proven. Not necessary for the BOR members to delve in the claimant's mind as to why he would disregard the number of warnings regarding his coming to work in an inebriated state. He did chose to drink and to come to work in an unfit condition. This, if not an indication of willfulness, is surely an indication of "recklessness as to approach willfulness" to use the words of the FCA in Tucker (A-0381.85).
