Legal Opinion

In re the Claim of Shugg

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2009Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 12, 2008, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, who tested positive for cocaine following an injury at work, engaged in disqualifying misconduct. “An employee’s use of controlled substances which produces a positive result following a drug test has been held to constitute disqualifying misconduct”…

2Cases cited4 opinions

  1. Kirk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Claim of YoungAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Claim of McLaughlinAppellate Division of the Supreme Court of the State of New York · 2006
  4. In re the Claim of JavierAppellate Division of the Supreme Court of the State of New York · 2008

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