MATTER OF JAVIER


48 A.D.3d 1011 (2008)

853 N.Y.S.2d 187

In the Matter of the Claim of DANIELA JAVIER, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 28, 2008.


Carpinello, J.

Claimant was discharged from her employment as a home health care worker after she tested positive for the use of cocaine following a drug test as part of her annual physical required by the employer. Claimant was initially disqualified by the Department of Labor from receiving unemployment insurance benefits as a result of being terminated for misconduct. An Administrative Law Judge subsequently overruled this determination and awarded claimant benefits...

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