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BR -- 103076

Date: 
07/28/2008
Author: 
BOR (Board of Review)
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This case involved a LPN who was discharged by a nursing home for reporting to work intoxicated by drugs. A screen showed marijuana, cocaine, Klonopin and Adivan in her bloodstream. She did not have a current prescription for the medications. They were left-overs from a past prescription given to her to treat manic episodes. The Board implicitly found that her intoxication was due, at least in part, to the medications and found explicitly that she took them because her co-workers had told her she was acting "hyper". The Board found this to be a mitigating factor and that she self-medicated to improve her job performance rather than in "wilful disregard of the employing unit's interest".

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