Reavey v. Director of the Division of Employment Security

The appellant (employee) sought unemployment benefits following his discharge by his employer. He was denied benefits on the ground that his discharge had been "attributable solely to deliberate misconduct in wilful disregard of the employing unit’s interest” (G. L. c. 151A, §25 [e] [2], as amended through St. 1975, c. 684, § 78) because he drove a forklift truck into a wall during working hours. The employee requested a hearing, and a *914review examiner, whose decision in effect was affirmed by the board of review (see G. L. c. 151A, § 41 [c]), ruled that the discharge was "due to deliberate…