In Re the Unemployment Compensation Claim of Kotrba

(on reassignment).

Joseph Kotrba (Kotrba) appeals from a judgment of the trial court, which affirmed the decision of the Department of Labor (Department), which denied him unemployment insurance benefits. We reverse.

Kotrba was an employee of the City of Mitchell (City), working as a “traffic-man,” maintaining City’s street and traffic signs. He worked under the supervision of the chief of police. For several years prior to his discharge, Kotrba had also been engaged in the off-duty business of tree cutting and trimming. During all times pertinent, a city ordinance required that all persons so…