Legal Opinion

McCracken v. BRANSON AIRPORT, LLC

Missouri Court of Appeals

Decided October 31, 2011No. SD 30978PublishedCited by 2 opinions

1Opinion of the Court

JEFFREY W. BATES, Judge.

Claimant Robert McCracken (Employee) appeals from a decision by the Labor and Industrial Relations Commission (Commission) that he was disqualified from unemployment benefits. The Commission determined that Employee had been discharged for misconduct connected with his work. See § 288.050.2. 1 On appeal, Employee argues that his actions did not constitute misconduct as defined in § 288.030.1(23). Because that argument has merit, we reverse and remand.

In the case at bar, the Commission resolved conflicts in the evidence and decided which witnesses were credible. We…

2Cases cited13 opinions

  1. Hoover v. Community Blood CenterMissouri Court of Appeals · 2005
  2. McClelland v. Hogan Personnel, LLCMissouri Court of Appeals · 2003
  3. Murphy v. Aaron's Automotive ProductsMissouri Court of Appeals · 2007
  4. St. John's Mercy Health System v. Division of Employment SecuritySupreme Court of Missouri · 2009
  5. Williams v. Enterprise Rent-A-Car Shared Services, LLCMissouri Court of Appeals · 2009

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hise v. PNK (River City), LLCMissouri Court of Appeals · 2013
  2. TAMKO BUILDING PRODUCTS, INC., Employer-Appellant v. DANIEL PICKARD, Claimant-Respondent, and MISSOURI DIVISION OF EMPLOYMENT SECURITYMissouri Court of Appeals · 2014

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