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EVANS v. OKLAHOMA EMPLOYMENT SEC. COM'N

No. 106939. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

246 P.3d 467 (2010)

2011 OK CIV APP 9

Ted EVANS, Jr., Plaintiff/Appellee, v. OKLAHOMA EMPLOYMENT SECURITY COMMISSION, Defendant/Appellant, and Board of Review, Appeal Tribunal, and the Oklahoma State Department of Health, Employer, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied November 4, 2010.

Attorney(s) appearing for the Case

Samuel L. Talley , Talley, Crowder & Talley, Norman, OK, for Plaintiff/Appellee.

Teresa Thomas Keller , Oklahoma Employment Security Commission, Oklahoma City, OK, for Defendant/Appellant Oklahoma Employment Security Commission.

DEBORAH B. BARNES, Judge.

¶ 1 The Oklahoma Employment Security Commission (OESC) appeals the district court's order, filed on March 2, 2009, reversing the Board of Review's decision that denied unemployment compensation benefits to appellee Ted Evans, Jr.1 (Evans) pursuant to 40 O.S.2001 § 2-406, because he was terminated for "misconduct." On appeal, OESC argues that the district court erred because the decision of the Board...

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