Opinion
No. ED91420
March 10, 2009
Appeal from the Labor and Industrial Relations Commission 08-00613 R-A.
Frank J. Niesen, III, Missouri, for Respondent Nedzib.
Karie E. Casey, Missouri, for Appellant.
Larry R. Ruhmann, Missouri, for Respondent Missouri Division of Employment Security.
OPINION SUMMARY
Gamel Company ("Employer") appeals the decision of the Labor and Industrial Relations Commission awarding Nedzib Korkutovic ("Claimant") unemployment benefits. Claimant became unemployed because documented medical restrictions did not allow him to perform his job. The Commission concluded that: (1) Claimant did not leave his job voluntarily but was discharged by Employer; and (2) Employer failed to satisfy its burden of proving that Claimant was discharged for misconduct connected with work.
AFFIRMED.
Division One holds:
The Commission's decision is supported by competent substantial evidence and is authorized by law. First, pursuant to Difatta-Wheaton v. Dolphin Capital Corporation, 271 S.W.3d 594 (Mo. banc 2008) and the law contained therein, Claimant left work involuntarily and, therefore, is not disqualified from receiving unemployment benefits under section 288.050.1(1) RSMo Supp. 2007. Secondly, Claimant's physical inability to do his job does not disqualify him from receiving unemployment benefits on the basis of misconduct under section 288.050.2.
All references to section 288.050 are to RSMo Supp. 2007.
Kurt S. Odenwald, P.J., Glenn A. Norton, J., Patricia L. Cohen, J., concurring.
THIS SUMMARY IS NOT PART OF THE OPINION OF THE COURT. IT HAS BEEN PREPARED FOR THE CONVENIENCE OF THE READER AND SHOULD NOT BE QUOTED OR CITED.