Where an employee, who was fired for sleeping on the job, was disqualified from receiving unemployment compensation benefits based on misconduct, the appellate court is bound by the commission’s determination that the employer’s witness was more credible than the employee, and the commission did not err in finding that sleeping on the job constitutes misconduct.
Judgment is affirmed.
Nickless v. Saint Gobain Containers, Inc. (MLW No. 62908/Case No. ED96149 – 4 pages) (Missouri Court of Appeals, Eastern District, Romines, J.) Appealed from the Labor and Industrial Relations Commission (Meagan E. Breeze for appellant) (Bart A. Matanic and Michael Eugene Cook Pritchett and Dennis Donnelly, Jeffery Martin Mallamad and Carolyn Clay Hall for respondents).