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Reeves v. Mississippi Employment Security Commission

2/5/2002

negligence in isolated incidents, and good faith errors in judgment or discretion" not considered 'misconduct' within the meaning of the statute." Id.


. In the case at bar, Reeves's failure to clean up the parts as instructed by Hewitt constitutes misconduct. Although Reeves contends that he refused because of his back injury and medical restrictions, no evidence in the record reveals that he had any medical restrictions or that the employer was even aware of Reeves's condition. The only medical evidence introduced at the hearing was Employer Exhibit 1, a medical release from the Mississippi Spine Clinic, which stated that Reeves was released, without restrictions, to return to work on September 7, 1999. Moreover, Reeves failed to discuss his alleged condition with Hewitt, or any other supervisory personnel. When Reeves was asked at the hearing on July, 19, 2000, if he reminded Hewitt about his medical restrictions, Reeves responded " ecause it wouldn't do any good for me to talk to anyway." For the reasons discussed above, the decision of the lower court affirming the decision of the MESC denying Reeves's employment insurance benefits is affirmed.


. THE JUDGMENT OF THE CIRCUIT COURT OF LAUDERDALE COUNTY IS AFFIRMED.


McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, MYERS, CHANDLER AND BRANTLEY, JJ., CONCUR.




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