Nurse is denied unemployment: Court of Appeals reverses Circuit Court decision on "insubordination."

In War Memorial Hospital v. Nodurft, a nurse sought unemployment benefits after she was dismissed from employment.  She was apparently discharged "for failing to assist in the restraint of an agitated and violent patient."  The Sault Ste. Marie Hospital objected to unemployment benefits, arguing that she was insubordinate and therefore not eligible for unemployment benefits.  The politically-appointed hearing officer agreed with the Hospital and denied the nurse unemployment benefits. 

The nurse appealed this decision to the Circuit Court judge.  The judge reversed the decision.  He held that since she was acting in good faith and exercising professional judgment when she refused to assist in restraining the patient, the nurse did not meet the statutory definition of insubordination adopted by Republican Legislators to render an employee ineligible for unemployment. The Court of Appeals reversed and reinstated the decision of the hearing officer. It held that the trial judge erred in focusing on whether the hospital's discharge was appropriate, rather than focusing solely on whether the employee was guilty of misconduct.