Peksa v. Fairview-Southdale Hospital

512 N.W.2d 91333
CourtCourt of Appeals of Minnesota
DecidedMarch 15, 1994
DocketNo. C3-93-2082
StatusPublished

This text of 512 N.W.2d 91333 (Peksa v. Fairview-Southdale Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peksa v. Fairview-Southdale Hospital, 512 N.W.2d 91333 (Mich. Ct. App. 1994).

Opinion

OPINION

PARKER, Judge.

Peksa was involuntarily discharged by Fairview Southdale Hospital on May 21, 1993, due to absenteeism caused by his alcoholism. Peksa argued before the unemployment insurance referee that he had made reasonable and consistent efforts to retain his employment. The referee found that his absences from work were due to his alcoholism and that he had made reasonable efforts to retain sobriety, thus concluding that Pek-sa’s absences did not constitute disqualifying misconduct. The Commissioner’s representative reversed the decision of the referee, and Peksa appeals. We reverse.

FACTS

Thomas Peksa was diagnosed as an alcoholic 14 years ago. At that time, he was advised to attend Alcoholics Anonymous (AA) meetings. He has often had difficulty maintaining sobriety and has been treated for chemical dependency at least ten times. In recent years, he has been generally sober but has experienced relapses lasting about six or seven days on each occasion. For the past five or six years, Peksa has been a regular participant in AA. He is currently finishing his undergraduate studies and hopes to attend law school.

Peksa was employed by Fairview-South-dale Hospital as an X-ray technician from January 1991 until May 21, 1993. In August of 1992 Peksa missed five days of work because of his drinking. He then entered a chemical dependency treatment program. [915]*915When he completed the program, he was advised by Fairview-Southdale that if he missed work again because of drinking, he would be discharged. The hospital attempted to have Peksa sign a statement agreeing to these terms, but he declined.

Peksa attended AA meetings two or three times per week from August of 1992 until April of 1993, when he experienced a relapse, began drinking, and missed three days of work. He did not attend AA meetings during his relapse but has since resumed attendance.

Peksa called Fairview-Southdale on the days of his absence and explained that he was ill. On the third day, he notified his supervisor that he was going into a primary care treatment program. Peksa’s attending counselor in the program determined that Peksa had the desire to stop drinking but that, given his treatment history, primary care could not offer the treatment necessary to address his condition.

After Peksa had exhausted his savings of $2,000, and after it was confirmed that his insurance would not cover further treatment in primary care, he was discharged from the program.

Peksa’s counselor then determined that he needed an extended intensive treatment program. The counselor recommended a four-month program costing $5,000 per month. Peksa discovered that his insurance would not pay for the program and concluded that his savings were exhausted and he could not pay the cost. The counselor then recommended a program run by Catholic Charities. This was a no-cost intensive program requiring participants to live on-site and perform work in a soup kitchen for a full year.” The program would not allow Peksa to work off-site or pursue his studies for the duration of the program. Peksa visited the program but concluded he could not participate because he could not afford to spend a year without working. The counselor then informed Fair-view-Southdale that Peksa had left treatment without completing the recommended program. Fairview-Southdale thereafter discharged Peksa, after which Peksa filed for unemployment compensation.

The unemployment referee awarded Peksa benefits, concluding that, although he had committed misconduct by missing work due to drinking, his failure to complete a treatment program for his illness was due to lack of funds, not a lack of effort. The referee did not address the Catholic Charities treatment option.

The Commissioner’s representative agreed with the referee that Peksa’s missing work due to drinking amounted to misconduct. The Commissioner’s representative disagreed, however, with the referee’s conclusion that Peksa had made reasonable efforts to retain his employment. The Commissioner’s representative held that Peksa disqualified himself from receiving unemployment compensation by refusing to pursue the Catholic Charities program after having claimed an inability to pay for the alternative program. The Commissioner’s representative concluded that Peksa’s decision not to pursue the Catholic Charities, program showed that he had not made consistent efforts to maintain the treatment he had been professionally advised was necessary to control his illness.

ISSUES

I. Was Peksa fired because of misconduct?

II. Did Peksa make reasonable efforts to retain his employment?

DISCUSSION

Standard of Review

The narrow standard of review in unemployment compensation cases requires that the findings be viewed in the light most favorable to the decision, and if there is evidence reasonably tending to sustain them, they will not be disturbed. White v. Metropolitan Med. Ctr., 332 N.W.2d 25, 26 (Minn.1983). While the court must defer to the Commissioner’s findings of fact if they are reasonably supported by the evidence in the record, the court may exercise its independent judgment with respect to questions of law. Smith v. Employers’ Overload Co., 314 N.W.2d 220, 221 (Minn.1981); Forsberg v. Depth of Field/Fabrics, 347 N.W.2d 284, 286 (Minn.App.1984).

[916]*916I

An individual separated from any employment for misconduct shall be disqualified for waiting week credit and benefits. Minn.Stat. § 268.09, subd. 1 (1992). The employer in an unemployment compensation case has the burden of proving that an individual is disqualified from receiving unemployment compensation under the provisions of Minn.Stat. § 268.09, subd. 1. Marz v. Department of Employment Services, 256 N.W.2d 287, 289 (Minn.1977).

The intended meaning of the term “misconduct” is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such a degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good-faith errors in judgment or discretion are not to be deemed misconduct.

Tilseth v. Midwest Lumber Co., 295 Minn. 372, 374-75, 204 N.W.2d 644, 646 (1973). Whether the individual’s conduct constitutes misconduct is a question of law upon which this court is free to exercise its independent judgment. Dean v. Allied Aviation Fueling Co.,

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Related

Lisa Marz v. Department of Employment Services
256 N.W.2d 287 (Supreme Court of Minnesota, 1977)
Forsberg v. Depth of Field/Fabrics
347 N.W.2d 284 (Court of Appeals of Minnesota, 1984)
Kemp v. U.S. Department of Agriculture
385 N.W.2d 879 (Court of Appeals of Minnesota, 1986)
Umlauf v. Gresen Manufacturing
393 N.W.2d 198 (Court of Appeals of Minnesota, 1986)
Smith v. Employers' Overload Co.
314 N.W.2d 220 (Supreme Court of Minnesota, 1981)
Hansen v. Continental Can Company
221 N.W.2d 670 (Supreme Court of Minnesota, 1974)
Moeller v. Minnesota Department of Transportation
281 N.W.2d 879 (Supreme Court of Minnesota, 1979)
White v. Metropolitan Medical Center
332 N.W.2d 25 (Supreme Court of Minnesota, 1983)
Dean v. Allied Aviation Fueling Co.
381 N.W.2d 80 (Court of Appeals of Minnesota, 1986)
Hirt v. Lakeland Bakeries
348 N.W.2d 400 (Court of Appeals of Minnesota, 1984)
Hendrickson v. Northfield Cleaners
295 N.W.2d 384 (Supreme Court of Minnesota, 1980)
Tilseth v. Midwest Lumber Co.
204 N.W.2d 644 (Supreme Court of Minnesota, 1973)

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Bluebook (online)
512 N.W.2d 91333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peksa-v-fairview-southdale-hospital-minnctapp-1994.