West v. Georgia-Pacific Corp.

HEDRICK, Chief Judge.

In his first assignment of error argued on appeal, petitioner contends the superior court erred in holding that Finding of Fact No. 8 of the Commission’s decision was supported by competent evidence in the record. We disagree.

The Commission’s Finding of Fact No. 8 states:

8. Under the employer’s policy, an employee can be discharged for refusing to participate in the alcohol rehabilitation program when the employer has reason to believe that the employee’s performance is impaired because of alcohol use.

While it is true that respondent employer did not submit any written…