SOMONT OIL CO., INC. v. KING

No. DA 11-0751.

286 P.3d 585 (2012)

2012 MT 207

366 Mont. 251

SOMONT OIL COMPANY, INC., Petitioner and Appellant, v. Doreen KING, and State of Montana, Department of Labor and Industry, Respondents and Appellees.

Supreme Court of Montana.

Decided September 18, 2012.


Attorney(s) appearing for the Case

For Appellant: James A. Donahue , Gregory J. Hatley ; Davis, Hatley, Haffeman & Tighe, P.C.; Great Falls, Montana, Brian D. Lee ; Lee Law Office, P.C.; Shelby, Montana.

For Appellees: Linda Deola ; Morrison, Motl & Sherwood, PLLP; Helena, Montana (Doreen King), Patricia Bik , Attorney for the State of Montana; Helena, Montana (Department of Labor & Industry).


Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Appellant Somont Oil Company, Inc. ("Somont") appeals the Ninth Judicial District Court's decision affirming the Board of Labor Appeals' ("BOLA" or "the Board") award of unemployment benefits to Doreen L. King. The only issue on appeal is whether the Board correctly concluded that Somont failed to show misconduct, as defined in Admin. R. Mont. 24.11.460 and 24.11.461. We affirm.

PROCEDURAL AND...

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