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POSCH v. ST. OTTO'S HOME

No. C9-96-2117.

561 N.W.2d 564 (1997)

David R. POSCH, Relator, v. ST. OTTO'S HOME, Commissioner of Economic Security, Respondents.

Court of Appeals of Minnesota.

April 8, 1997.

Attorney(s) appearing for the Case

Thomas F. Murtha IV, Certified Student Attorney, supervised by Gregory K. Larson, Little Falls, for Relator.

Kent E. Todd, St. Paul, for Respondent Economic Security.

Considered and decided by CRIPPEN, P.J., and LANSING, and PETERSON, JJ.

OPINION

CRIPPEN, Judge.

Relator David R. Posch, once a nurse employed by respondent St. Otto's Home, disputes an appellate finding that he committed a theft of drugs from a patient. There being no reasonable support in the record to support the finding, we reverse a determination of totally disqualifying gross misconduct and remand for consideration of an earlier determination that relator committed partially disqualifying misconduct by refusing to provide...

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