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Pesce v. Board of Review

Illinois Appellate Court
515 N.E.2d 849 (Ill. App. Ct. 1987)


Facts

Barry Pesce (plaintiff) was a medicar driver for A.C.S. Medicar (ACS) and was responsible for transporting patients between hospitals and nursing homes. During Pesce’s three-and-a-half months of working, Pesce was involved in four accidents that involved him backing the medicar into a stationary object. Because the accidents violated ACS’s rules, ACS terminated Pesce’s employment after the fourth accident. Pesce applied for unemployment-insurance benefits with the Illinois Department of Employment Security (Department). The Department denied Pesce benefits on the ground that ACS had discharged Pesce for misconduct. The Department’s Board of Review (Board) (defendant) affirmed the decision. Pesce sought administrative review of the Board’s decision from the circuit court of Cook County. The circuit court reversed. The Board appealed.

Rule of Law

Issue

Holding and Reasoning (Scariano, J.)

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