Decision 70257

Case Number Claimant Judge Language Decision date
Decision 70257   Marin  English 2008-03-24
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  alcohol, drugs and gambling 

Summary:

Claimant was fired for testing positive on a drug post-accident test as contemplated in the employer's policy. Although colleagues at work confirmed they observed no sign of physical impairment with the claimant, signs of impairment can manifest itself physically and mentally. The umpire concluded that while there must be a nexus between the impugned conduct and the workplace, the positive testing must be preferred to the opinion of co-workers.


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