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WERNKE v. STATE DEPT. OF SOCIAL SERVICES

No. 20566.

590 N.W.2d 260 (1999)

1999 SD 32

David WERNKE, Appellant, v. STATE of South Dakota, DEPARTMENT OF SOCIAL SERVICES, Employer and Appellee, and South Dakota Department of Labor, Appellee.

Supreme Court of South Dakota.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Patricia de Hueck, Pierre, SD, for appellant.

Brent Wilbur of May, Adam, Gerdes & Thompson Pierre, South Dakota, for employer and appellee Department of Social Services.

Drew C. Johnson Special Assistant Attorney General Aberdeen, South Dakota, for appellee Department of Labor.

TAPPE, Circuit Judge.

[¶ 1.] David Wernke (Claimant) appeals from a judgment of the trial court, which affirmed the decision of the Department of Labor to deny him unemployment compensation benefits. We reverse.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] The findings of fact of the Administrative Law Judge (ALJ) adequately set forth the facts and are listed verbatim below:

1. Claimant worked for Employer as a quality control specialist...

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