Decision 74517

Case Number Claimant Judge Language Decision date
Decision 74517   Marin  English 2010-05-12
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


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

Summary:

An unfortunate set of circumstances led to the dismissal of the claimant and the ruling of misconduct. The claimant is suffering from alcoholism and violated a written agreement with his employer not to drink for two years. The Court reaffirmed that alcoholism cannot in itself be used to excuse the claimant's misconduct unless medical evidence is presented. The medical notes do not support the proposition the consumption of alcohol was involuntary. Voluntary consumption of alcohol by a claimant does not automatically excuse the consequences of a claimant's action. The appeal by the Commission is allowed.


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