Daily v. Board of Review
In Daily v. Board of Review, 214 W.Va. 419, 589 S.E.2d 797 (2003), the Court reversed the findings of the Board of Review and provided unemployment benefits to an individual.
In that case, the appellant was hired by Executive Air Terminal Inc. to drive gasoline trucks and was required to drive off the airport property to obtain bulk gasoline and deliver passengers on public roads. As a part of his employment, the appellant indicated that he maintained a valid driver's license.
When his employer realized that the appellant's license had been suspended in 1996 and that he was subjecting Executive Air to potential liability, Executive Air discharged him.
The Board of Review then concluded that the appellant had been terminated for gross misconduct and denied the appellant unemployment compensation benefits.