Weppner v. Shade Tree Service Co.

ROBERT G. DOWD, JR., Judge

Shade Tree Service Company (“Employer”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”) holding that Kristopher Weppner (“Claimant”) is not disqualified from receiving unemployment benefits because he was not terminated from his employment for misconduct connected with his work. We affirm.

Claimant and Claimant’s foreman set out to trim trees around high voltage pow*526er lines. Claimant was instructed to operate the aerial lift, or boom, of the truck over a road. Claimant did so without a spotter and momentarily became distracted…