Albertsons, Inc. v. Department of Employment Security

BILLINGS, Presiding Judge:

Petitioner Albertsons, Inc. (Albertsons), appeals the final decision of the Board of Review of the Utah Industrial Commission (Board) awarding unemployment compensation benefits to the claimant, Gayle Fullerton (Fullerton). In affirming the decision of the Administrative Law Judge (AU), a majority of the Board concluded Fullerton was not discharged from his employment for “just cause” under Utah Code Ann. § 35 — 4—5(b)(1) (Supp.1992). We affirm.

FACTS

On April 3, 1992, Albertsons discharged Fullerton, an eleven year employee, claiming he damaged an Albertsons forklift.…