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REBALDO v. DEPT. OF PUBLIC WORKS-DRAINAGE

No. 08-CA-762.

16 So.3d 382 (2009)

Brian K. REBALDO v. DEPARTMENT OF PUBLIC WORKS-DRAINAGE & Department of Human Resource Management.

Court of Appeal of Louisiana, Fifth Circuit.

May 26, 2009.

Attorney(s) appearing for the Case

Wiley J. Beevers, Raylyn R. Beevers, Steven M. Mauterer, Michael F. Somoza, Beevers & Beevers Law Firm, Attorneys at Law, Gretna, LA, for Plaintiff/Appellant.

Clement P. Donelon, Attorney at Law, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS, and CLARENCE E. McMANUS.

CLARENCE E. McMANUS, Judge.

Brian K. Rebaldo appeals from a judgment of the Personnel Board for the Parish of Jefferson (hereinafter "Board") that upheld the termination of his employment and dismissed his appeal. For the following reasons, we reverse the ruling of the Personnel Board and reinstate the ruling of the hearing officer that granted plaintiff a hearing on the issue of whether his drug ingestion was unintentional and whether he came to work under the influence...

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