Unemployment benefits, post-accident testing, policy and procedure, rehabilitation, evidence, return to duty.

Hal Zang appeals a lower court ruling denying him unemployment benefits after he was terminated from his job at Nashville Bridge Company. Zang was injured on the job. The next day he was instructed by his employer to submit to a post-accident drug test. Zang produced a positive result. Company policy mandated he complete drug rehabilitation before returning to duty. Zang did not complete the treatment program and was terminated for misconduct. Zang applied for unemployment benefits, but a state benefits board ruled that Zang was disqualified from receiving benefits. Zang petitioned for administrative review of the board's decision.

A Davidson County Chancery Court affirmed the decision of the benefits board. The court ruled that Zang was dismissed for just cause and was not eligible for benefits. Zang now appeals.

Zang wins. The Tennessee Court of Appeals reversed the ruling of the lower jurisdiction. The court ruled there was no evidence indicating Zang was guilty of misconduct related to his work. The court remanded the case for additional action.