Appeal from Order of the District Court of Tulsa County, Hon. Donald C. Lane, Trial Judge, affirming a decision of the Appeal Tribunal and Board of Review of the Oklahoma Employment Security Commission awarding unemployment compensation to claimant. The issue of whether petitioner's operation of a bookstore was subject to assessment under the Oklahoma Employment Security Act had been previously decided by this court on appeal, and the Board of Review correctly refused to relitigate that matter.
Petitioner's allegations of misconduct are not sufficient to prove misconduct where claimant denied those allegations. Petitioner focused on claimant's one occasion of being tardy and did not refute claimant's explanation that an electrical failure had caused his alarm to fail.
And, there was sufficient evidence that a single episode of tardiness did not constitute "willful and wanton disregard," "deliberate violations" or even a substantial degree of carelessness or negligence required for misconduct. See Vester v. Board of Review, 697 P.2d 533, 537 (Okla. 1985). AFFIRMED
( Unemployment compensation )
( Stubblefield )