Kentucky Unemployment Insurance Commission v. Duro Bag Manufacturing Co.

OPINION

WINE, Judge.

The Kentucky Unemployment Insurance Commission (“Commission”) appeals the Boone Circuit Court’s ruling that Duro Bag Manufacturing Company’s (“Duro”) employee, Donna T. Smith (“Smith”), was fired on August 13, 2004, for misconduct, and therefore is not entitled to unemploy ment benefits. For the reasons herein, we affirm the trial court.

The parties do not dispute that Duro fired Smith, a machine operator, for appearing for work with a blood alcohol level of .047. Smith acknowledged she voluntarily drank eight ounces of whiskey over a six-hour period, allegedly quitting at…