NEW ORLEANS PUBLIC SERVICE, INC. v. MASARACCHIA

No. CA 1899.

464 So.2d 866 (1985)

NEW ORLEANS PUBLIC SERVICE, INC. v. Rico MASARACCHIA, Administrator, Department of Employment Security and Kevin Herring.

Court of Appeal of Louisiana, Fourth Circuit.

February 12, 1985.


Attorney(s) appearing for the Case

G. Phillip Shuler, III, Dona J. Dew, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for appellant.

Before REDMANN, C.J., and GARRISON and KLEES, JJ.


REDMANN, Chief Judge.

At issue in this appeal is the effect to be given, at an administrative appeal from a claimant's disqualification for unemployment compensation for misconduct connected with his employment, La.R.S. 23:1601(2), to testimony of the declaration of a co-employee that they smoked marijuana on the job together, and to a medical laboratory report of positive results in a test of claimant's urine for marijuana.

The employer appeals from a trial...

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