IN RE CLAIM OF TILSETH

No. 43701.

204 N.W.2d 644 (1973)

In re Claim of Kenneth J. TILSETH, Respondent, MINNESOTA DEPARTMENT OF MANPOWER SERVICES, Respondent, v. MIDWEST LUMBER COMPANY, Relator.

Supreme Court of Minnesota.

February 23, 1973.


Attorney(s) appearing for the Case

Swanson & Prueter, Minneapolis, for relator.

Kenneth J. Tilseth, pro se.

Warren Spannaus, Atty. Gen., Curtis D. Forslund, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., William A. Peters, Sp. Asst. Atty. Gen., St. Paul, for Dept. Manpower Services.

Heard before KNUTSON, C. J., and OTIS, MacLAUGHLIN, and OLSON, JJ.


O. RUSSELL OLSON, Justice.*

This proceeding is before this court by writ of certiorari upon application of the relator-employer to review an order of the commissioner of manpower services. It raises the issue of whether the consumption of intoxicants by a truck driver during working hours constitutes statutory "misconduct" sufficient to justify a partial forfeiture of unemployment benefits.

Claimant, Kenneth J. Tilseth, was discharged...

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