Phelps Dodge Corp. v. State, Department of Economic Security

SUBSTITUTED OPINION ON REHEARING

HATHAWAY, Judge.

The Department of Economic Security seeks review of a superior court judgment which reversed a final decision of DES that John J. Zenonian was eligible for unemployment compensation benefits and that the experience rating account of Phelps Dodge, his last employer, should be charged. In our original opinion, we reversed the judgment with directions to affirm the DES decision. On motion for rehearing, however, we have concluded that our original decision was erroneous and we affirm. This opinion is therefore substituted for the original one.

Mr.…