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IN RE SIERRA TRADING POST, INC.

No. 98-35.

996 P.2d 1144 (2000)

In the MATTER of the Petition for Review by SIERRA TRADING POST, INC. of the Award of Unemployment Compensation Benefits to Theresa Hinson: Sierra Trading Post, Inc., Appellant (Employer/Petitioner), v. Theresa Hinson, Appellee (Claimant/Respondent).

Supreme Court of Wyoming.

February 22, 2000.

Attorney(s) appearing for the Case

Representing Appellant: W. Perry Dray, Randall B. Reed, and Gregory C. Dyekman of Dray, Thomson & Dyekman, P.C., Cheyenne, Wyoming.

Representing Appellee: No appearance.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR, JJ.

THOMAS, Justice.

The question for review is whether a worker, whom the employer allowed to start work with the understanding that she must pass a pre-employment drug screening test, is entitled to unemployment benefits when the employment is terminated due to a positive drug test. We hold that she is not. The Unemployment Insurance Commission (Commission) ruled that Theresa Hinson's (Hinson) drug use was not "misconduct connected with

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