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RUSH v. KIMCO CORP.

No. WD 72455.

338 S.W.3d 407 (2011)

Alan RUSH, Appellant, v. KIMCO CORPORATION and Division of Employment Security, Respondents.

Missouri Court of Appeals, Western District.

April 5, 2011.

Attorney(s) appearing for the Case

Alan Rush , Kirksville, MO, pro se.

Kenneth P. Carp , Clayton, MO, for Respondent, Kimco Corporation.

Larry R. Ruhmann , Jefferson City, MO, for Respondent, Division of Employment Security.

Before Division II: KAREN KING MITCHELL, Presiding Judge, and JOSEPH M. ELLIS and VICTOR C. HOWARD, Judges.

KAREN KING MITCHELL, Presiding Judge.

Alan Rush ("Rush") appeals the Labor and Industrial Relations Commission's ("Commission") order disqualifying him from unemployment benefits. Rush contends that the Commission erred in affirming the denial of the benefits in that his single instance of bad judgment did not demonstrate that he engaged in willful conduct or in conduct so negligent as to manifest culpability. We agree. The judgment of the Commission is therefore...

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