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BOR (Board of Review)

Board reversed R/E ruling that claimant was discharged for rule violation.  Board reversed on the ground that the employer did not adequately prove that the claimant was intoxicated at work (but note that there were contradictory findings).

The employer rule was that any positive test equaled intoxication. However, the testimony was that the results of the claimant's drug test could not conclusively prove when the claimant ingested the drugs and whether he was actually intoxicated or even under the influence of drugs. There was no actual medically trained witness at the hearing who testified that the test result could show intoxication. The rule did not address conduct that occurs while not working, so claimant could not be found to have violated the rule.

NLS Case

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