Posch v. St. Otto's Home

OPINION

CRIPPEN, Judge.

Relator David R. Posch, once a nurse employed by respondent St. Otto’s Home, disputes an appellate finding that he committed a theft of drugs from a patient. There being no reasonable support in the record to support the finding, we reverse a determination of totally disqualifying gross misconduct and remand for consideration of an earlier determination that relator committed partially disqualifying misconduct by refusing to provide further comments on the theft accusation.

FACTS

Relator worked for St. Otto’s for eight years before his discharge in June 1996. In March…