Ohio Valley Medical Center, Inc. v. Gatson
In Ohio Valley Medical Center, Inc. v. Gatson, 202 W. Va. 507, 505 S.E.2d 426 (1998), the Court found that the lower court had properly concluded that a nurse's misconduct in failing to administer an antibiotic to a patient and in improperly completing order sheets, was not so negligent as to constitute gross misconduct.
The Court reasoned as follows:
"In the present case it appears that the circuit court did carefully examine the conduct of Mary K. Bleifus and did conclude that it was negligent but that it was not so negligent as to constitute "gross misconduct" which would disqualify her from receiving unemployment compensation benefits. The facts do create some doubt, but it appears that the circuit court favored the construction which did not work a disqualification. This is precisely what the court was required to do by Peery v. Rutledge. . . ." (202 W. Va. at 510-11, 505 S.E.2d at 429-30.)