Legal Opinion

Sain v. Labor & Industrial Relations Commission

Missouri Court of Appeals

Decided March 14, 1978No. 38740PublishedCited by 27 opinions

1Opinion of the Court

CLEMENS, Presiding Judge.

Plaintiff-claimant James Sain appeals from the judgment of the circuit court affirming the decision of the Labor and Industrial Relations Commission whereby it denied him four weeks’ employment benefits.

The issue: Was plaintiff’s act in filing a bogus insurance claim, based on his divorced wife's disability, a ground for firing him, so as to disqualify him from unemployment compensation benefits? This depends on whether plaintiff’s act in filing the disability claim was “misconduct connected with his work.”

Plaintiff had been employed by McDonnell-Douglas Corporation…

2Cases cited5 opinions

  1. Belle State Bank v. Industrial Commission, Division of Employment SecurityMissouri Court of Appeals · 1977
  2. Citizens Bank of Shelbyville v. Industrial CommissionMissouri Court of Appeals · 1968
  3. Laswell v. Industrial Commission of Missouri, Division of Employment SecurityMissouri Court of Appeals · 1976
  4. Lyell v. Labor & Industrial Relations Commission, Division of Employment SecurityMissouri Court of Appeals · 1977
  5. Clark v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1977

3Cited by27 opinions

  1. Nelson v. Department of Employment SecurityWashington Supreme Court · 1982
  2. McClelland v. Hogan Personnel, LLCMissouri Court of Appeals · 2003
  3. Dixon v. Division of Employment SecurityMissouri Court of Appeals · 2003
  4. Division of Employment Security v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1981
  5. Garden View Care Center, Inc. v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1993

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