Tilseth v. Midwest Lumber Co.

O. Russell Olson, Justice.*

This proceeding is before this court by writ of certiorari upon application of the relator-employer to review an order of the commissioner of manpower services. It raises the issue of whether the consumption of intoxicants by a truck driver during working hours constitutes statutory “misconduct” sufficient to justify a partial forfeiture of unemployment benefits.

Claimant, Kenneth J. Tilseth, was discharged by his employer, Midwest Lumber Company, after 5 years of employment. He subsequently applied for unemployment benefits. A claims deputy for the Department of…