AKERS v. BARNES-JEWISH HOSP.

No. ED 85468.

164 S.W.3d 136 (2005)

Deane F. AKERS, Claimant/Appellant, v. BARNES-JEWISH HOSPITAL, Employer, and Division of Employment Security, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

May 24, 2005.


Attorney(s) appearing for the Case

Brian Stokes, St. Louis, MO, for appellant.

Marilyn G. Green, Jefferson City, MO, Larry R. Ruhmann, St. Louis, MO, for respondent.


LAWRENCE E. MOONEY, Presiding Judge.

The claimant, Deane Akers, appeals the Commission's decision, which held that he was fired for "aggravated misconduct" connected with his work and therefore disqualified him from unemployment-compensation benefits. However, because his employer failed to prove that claimant's drinking a glass of milk constituted theft or other "misconduct," we reverse and remand.

In August 1996, the claimant began working as a security...

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